Oregon digest 2d : covering cases from state and federal courts

by West Group

Other authorsWest Publishing Company (Author)
Print book, c2011

Status

Available

Call number

KFO2447.1 .O74

LCC

KFO2447.1 .O74

Barcode

2000002358

Publication

St. Paul, Minn. : West Group

Physical description

(various pagings) p.; 27 cm

Local notes

Oregon digest 2d : covering cases from state and federal courts volume 9A contents: Covenant, action of. I. Requisites and validity. (A) Express covenants. (B) Implied covenants. II. Construction and operation. (A) Covenants in general. (B) Covenants of title. (C) Covenants as to use of real property. (D) Covenants running with the land. III. Performance or breach. IV. Actions for breach. I. Requisite and validity. 1. Nature and essentials in general. 2. Parties. 3. Formal requisites in general. 4. Statutory forms. 5. Forms of particular covenants. 6. Execution and delivery of instrument. 7. Acceptance of deed containing covenants on part of grantee. (B) Implied covenants. 8. Nature and grounds in general. 9. Statutory provisions. 10. --- In general. 11. --- Abolition or restriction of implied covenants. 12. Words of conveyance. 13. --- In general. 14. --- Particular words. 15. Language of express covenants. 16. Recitals. 17. Description of premises. 18. Reservations. 19. Conditions. 20. Restrictions on use of property. II. Construction and operation. (A) Covenants in general. 21. General rules of construction. 22. What law governs. 24. Collateral and auxiliary covenants. 25. Alternative and disjunctive covenants. 26. Dependent or independent covenants. 27. Parties to covenants. 28. Joint or several covenants. 29. Persons entitles to enforce personal covenants. 30. Persons liable on personal covenants. 31. Subject matter in general. 32. Limitations and exceptions in covenants. 33. Limitation to premises conveyed. 34. Limitations to estate conveyed. 35. Limitation by other covenants. 36. Duration of personal covenants. 37. Release or discharge from liability on personal covenants. (B) Covenants of title. 38. Nature and operation in general. 39. Knowledge of parties as to defects in title or incumbrances. 40. Covenants of seisin. 41. Covenant of right to convey. 42. Covenant against incumbrances. 43. Covenant for quiet enjoyment. 44. Covenant for further assurance. 45. Covenant of warranty. 46. --- In general. 47. --- General warranty. 48. ---- Special warranty. (C) Covenants as to use of real property. 49. Nature and operation in general. 51. Buildings or other structures or improvements. 52. Particular occupations; nuisances. (D) Covenants running with the land. 53. Covenants which may run with land in general. 54. Statutory provisions. 55. Property to which real covenant may be annexed. 56. Estate or interest to which real covenant may be annexed. 57. Necessity of privacy of estate between covenantor and covenantee. 58. Covenant as part of conveyance. 59. Covenant for heirs and assigns. 61. Covenants conferring benefits in general. 62. Covenant of seisin. 63. Covenant of right to convey. 64. Covenant against incumbrances. 65. Covenant for quiet enjoyment. 66.Covenant for further assistance. 67. Covenant of warranty. 68. Covenants imposing burdens in general. 69. Covenants as to use of property. 70. Covenants creating easement, lien, or charge. 71. Duration of real covenants. 71.5. Amendment or modification of covenants. 72. Release or discharge from liability on real covenants. 72.1. --- In general. 73. --- Agreement of parties. 74. --- Acts or omissions of covenantor. 75. --- Merger or revesting of estate in covenantor. 76. --- Reconveyance with similar covenants. 77. Persons entitled to enforce real covenants. 78. --- Covenantees. 79. --- Grantees and assignees in general. 80. --- Coveyance as transfer of covenant. 81. --- Privity of estate between covenantee and grantee. 82. --- Devisees. 83. --- Heirs. 84. Persons liable on real covenants. III. Performance or breach. 85. Obligation to perform in general. 86. Demand of performance in general. 87. Notice to maintain or defend title. 87.1. --- In general. 88. --- Necessity. 89. --- Sufficiency. 90. --- Effect on liability in general. 91. Sufficiency of performance in general. 92. Breach in general. 93. Covenants of title in general. 94. Covenants of seisin. 95. Covenant of right to convey. 96. Covenant against incumbrances. 97. Covenant for quiet enjoyment. 98. Covenant of further assistance. 99. Covenant of warranty. 99.1. --- In general. 100. ---- Breach in general. 101. --- Paramount title or right. 102. --- Eviction. 103. Covenants as to use of property. IV. Actions for breach. 104. Nature and form of remedy. 105. What law governs. 106. Grounds of action in general. 107. Conditions precedent. 108. Defenses. 109. Jurisdiction and venue. 110. Time to sue, limitations, and laches. 111. Parties. 112. Process and appearance. 113. Pleading. 113.1. --- In general. 114. --- Declaration, complaint, or petition. 115. --- Plea or answer, and subsequent pleadings. 116. --- Issues, proof, and variance. 117. Evidence. 117.1. --- In general. 118. --- Presumptions and burdens of proof. 119. --- Admissibility in general. 120. --- Judgment as evidence of eviction. 121. --- Judgment as evidence of paramount title or right. 122. --- Weight and sufficiency. 123. Damages. 124. --- In general. 125. --- Covenant of seisin. 126. --- Covenant of right to convey. 127. --- Covenants against incumbrances. 128. --- Covenant for quiet enjoyment. 129. --- Covenant for further assistance. 130. --- Covenant of warranty. 131. ---- Interest. 132. --- Costs and expenses of litigation. 133. Trial. 133.1 --- In general. 134. --- Questions for jury. 135. --- Instructions. 136. --- Verdict and findings. 137. Judgment. 138. Execution. 140. Effect of recovery on title to property. Includes preface, abbreviations of courts, outline of the law, digest topics and abbreviations, table of contents and the current cumulative annual pocket part.

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