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PRESUMPTIONS-Cont'd
Refusal to produce books and
papers, when, § 1000
Survivorship, presumptions
respecting, § 1963
Tenant, possession by, deemed

possession of landlord, § 326 What is a presumption, § 1959 Writing truly dated, § 1963 PRIEST

Privileged communication

between parishioner and,
§ 1881

PRIMA FACIE EVIDENCE. See
Evidence

Evidence defined, § 1833

Evidence, what is, §§ 1828, 1833 PRIMARY EVIDENCE. See

Evidence

Evidence, what is, § 1829 PRINCIPAL

When bound with sureties,

§ 1912

PRINCIPAL AND AGENT. See

Agent and Agency

PRINCIPAL AND SURETY. See
Surety.
PRINTING

Included in writing, § 17
PRIVATE

Private statutes, on ordinance,

how pleaded, § 459 Writings, what are, § 1889 PRIVILEGE

Of witness, § 2065
PRIVILEGED

COMMUNICATIONS. See
Attorney; Husband and Wife;
Minister; Physician; Priest;
Witness

Attorney and client, § 1881
Clergyman and priest, § 1881
Generally, §§ 1881, 1883
Husband and wife, § 1881
Physician and patient, § 1881
Public officer, § 1881
PROBATE COURT. See Estates
of Decedents; Executors and
Administrators; Guardian;
Letters Testamentary; Public
Administrators; Wills; Probate

Code

PROCEDURE. See Enforcement of Support

PROCEEDINGS

SUPPLEMENTARY TO
EXECUTION. See Execution
PROCEEDS. See Attachment;
Execution

PROCESS. See Summons; Writ
Abuse of, contempt, § 1209
Duty of peace officer to serve,
§ 410

Notice to produce, § 1938
Service by telegraph, § 1017
What is, § 17

PRODUCTION. See Evidence
Evidence of, by whom, § 1981
PRODUCTION OF DOCUMENTS.
See Inspection of Writings
Notice to produce, § 1938
PRODUCTION OF EVIDENCE.
See Evidence; Witness, § 1985
PROFITS

From escheated property, § 1270 Mesne, limitations of actions for, § 336

Sale of property under execution, § 707

PROHIBITION. See Writs

Writ of prohibition; see Writs
certain provisions of the

preceding chapter
applicable, § 1105

writ of, counterpart of what,
§ 1102

writ of prohibition defined,

§ 1102

writ must be either alternative

or peremptory, § 1104

PROMISSORY NOTES

Joinder of parties to, § 383 PROOF. See Evidence

Citizenship or residence, § 1983 Contents, lost public record or document, § 1855a

Defined, § 1824

Entries in public or other official books; what is, § 1920 Evidence of, what is, § 1824 Facts, at trial, how, § 1870 Order of how regulated in examination of witnesses, § 2042

Perjury or treason; more than one witness required, § 1968 Official documents, how made, § 1918

PROOF-Cont'd

Part proof, effect of, § 1854
Private writing, by public record

of, § 1919

Private writings, of, how, § 1948
Service by mail, how made,

§ 1013a

Writing, how, §§ 1940, 1941
Writings, of; how,

§§ 1940, 1941

PROPERTY. See Escheated

Estates; Estates of Decedents;
Execution; Executors and
Administrators; Probate Code;
Personal Property; Real
Property; Trustees
Action for recovery of; not

prejudiced by alienation,
when, § 747

Action to recover; damages, how

set off, § 741

Action to recover; liability of

party surveying, § 743
Action to recover; may be
surveyed and measured,
§ 742

Action to recover, right of

plaintiff in, § 740

Agreement to bequeath or devise,

must be in writing, § 1973
Attached for security on

judgment, § 537

Claim of, concealed, how taken,

§ 517

Claim of; how kept, § 518

Damages to, after sale and

before delivery, § 746

Deposit of unclaimed to

government, § 1274

Estates of missing persons, sale

of, § 1822c

Description of, in escheated

estates, § 1269

Escheated estates, action to
determine right of

government to, § 1269a
Escheats to government, § 1274
Execution against real or personal

property, § 682

Execution on, indemnity when

claimed by third party, § 689
Execution on; not affected until
levied on, § 688

PROPERTY - Cont'd

Execution, sale under, how
conducted, § 694

Held under execution, release of,
§ 710

Includes what, § 17

Injury to, what is, § 28

Instruments affecting, how used
in evidence, § 1951

Partition of, estate for life or

years, how affected, § 770
Partition of, interests of all

parties must show, § 753
Partition; proceeds of sale of
encumbered, § 771

Reentry on after ejection,

contempt of court, § 1210
Receiver, power of and control by,
§ 568

Taken under writ of attachment
may be sold, how, § 548
Under attachment, plaintiff's
judgment, how satisfied,
§ 550

Undertaking in action to set

aside transfer of, §§ 676-678
When must be vacated, § 1161a
PROSECUTION

Action may be dismissed for
want of, § 583

PROTECTION

Witnesses, right to,

§§ 2066-2070

PROVISIONS

Applying to writ of

prohibition, § 1105

PROVISIONS FOR SUPPORT
OF THE FAMILY. See
Estates of Decedents; Probate
Code

PROVISIONAL REMEDIES.
See Arrest and Bail;

Attachment; Claim and
Delivery; Deposit in Court;
Injunction; Receiver; Writs
Affidavit may be used on, § 2009
Arrest and bail, §§ 478-505
Claim and delivery, personal

property, §§ 509-521
Deposit in court, §§ 572-574
Attachment, §§ 537-561
Injunctions, §§ 525-533
Non-suit or dismissal, § 581
Receiver, §§ 564-571

PUBLIC

Writings, what are, § 1888
PUBLIC ADMINISTRATOR.
See Probate Code
PUBLIC LAND

Certificates of title, purchase
evidence of ownership, § 1925
Limitation of actions by grantee,
§ 316

Void letters patent, limitation
of actions, § 317

PUBLIC PROPERTY
Exemption, § 690

PUBLIC USE

Right of eminent domain inuring
for public uses, § 1238

PUBLIC WRITINGS. See

Evidence, §§ 1892-1928
PUBLICATION. See Notice;

Service; Summons; Writs
Change of name; order to show
cause, § 1277

Document or notice, evidence of
by affidavit, § 2010
Evidence, of, filing of affidavit,
§ 2011

Filing evidence of, § 2011
Order of, in petition for change
of name, § 1277

Proof of, in petition for change
of name, § 1277
Service of summons by,

§§ 412, 413

Verified by affidavit of printer,
§ 2010

When a contempt, § 1209
PURCHASER. See Execution;

Foreclosure of Mortgage

Real property, of; if evicted, what

remedy, § 708

Sale of real property, what

acquired by, § 700

QUESTION

Fact of; decision by court referees

or other officer, § 2101

Fact of, how tried, § 2101

Law, of, addressed to court, § 2102
Sale or partition, what, § 763
Leading, what is, § 2046
Witness, bound to answer, § 2065
QUESTIONS OF FACT

Decided by judges, § 2101
Evidence, by court, referee or
other officer, § 2101

QUESTIONS OF FACT-Cont'd
How tried, § 2101

Issues of fact, how tried, § 592
QUESTIONS OF LAW

Decided by court, §§ 591, 2102
QUIETING TITLE. See Claims;
Real Property

Actions to determine conflicting
claims to real property, and
other provisions relating to
actions concerning real
estate, §§ 738-751a
action not to be prejudiced by
alienation pending suit,
§ 747

action to quiet title to real and
personal property, § 738
an order may be made to allow
a party to survey and
measure the land in
dispute, § 742

damages may be recovered for
injury to the possession
after sale, and before
delivery of possession,
§ 746

determination of adverse

claims to real property;
unknown defendants; lis
pendens, § 749
judgment must not be entered
by default; when entered
is conclusive; remedy is
cumulative, § 751

mortgage must not be deemed a
conveyance whatever its
terms, § 744

order, what to contain and

how served; if unnecessary
injury done, the party
surveying to be liable for,
§ 743

right of plaintiff to recover,
§ 740

summons, service and proof of
service; publication of
summons, § 750

when court may grant

injunction during
foreclosure or after sale
on execution, before
conveyance, § 745
when plaintiff cannot recover
costs, § 739

QUIETING TITLE - Cont'd

when value of improvements
can be allowed as a set-off,
8 741

REAL ESTATE AGENT
Agreement for employment of to
be in writing, § 1973

REAL PROPERTY. See Claims;
Deeds; Mortgage; Partition;
Quieting Title; Recording;
Sale; Transfer
Conflicting claim to real property,
and other provisions relating
to actions concerning real
estate-

See Actions; Claims,

§§ 738-751a
General provisions

action, to be brought within
five years, § 317

action to recover,

§ 1179a

actions for partition of,

§§ 752-798

adverse claims, determination
of, § 749

adverse claims, unknown
defendants, § 749

adverse possession, what is,
§ 325

agreement for sale, to be

written, §§ 1971-1973
attached, how, § 542
attachment on; when

effective; expiration and
extension of, § 542a

cloud on title, § 381
coextensive with lands,
tenements and
hereditaments, § 17
conflicting claims to and
after provisions relating
to, §§ 738-751a

conflicting claims to,

dismissal, failure to serve
summons, § 581a
costs in action involving

title, etc., §§ 1022, 1024
defendants, action for, § 380
disabilities, in limitation of
actions, § 328
description of, in pleading,
8 455

REAL PROPERTY - Cont'd
General Provisions - Cont'd
duration and extension of
lien, § 542a
ejection; see Ejection.
entry on, when valid, § 320
estate of decedents. See
Probate Code

execution affecting,

§§ 682-694

execution, return of, § 683
forcible entry and detainer,
§§ 1159-1179a

grantee, when cannot bring
action, from Guam, § 316
how attached, § 541
instrument affecting, used as
evidence, § 1951

instrument conveying, as
evidence, § 1951
involving title or possession,
evidence required, § 585
joinder of claims to recover,
§ 427

judgment after death not lien
on, § 669

judgment for delivery, § 682
judgment lien, § 674

judgment lien in another

country, § 674

landlord and tenant in

adverse possession,
§ 326

mortgage on; see Foreclosure
occupied under claim of title,
§ 324

occupation, when deemed

adverse, § 322

partition, action for, who
may bring, § 752

partition of, §§ 752-798
possession, adverse, what is,
§ 323

possession, right of, when
not affected, § 327
possession, when presumed,
§ 321

receiving or conveying title
under different names,
§ 751a
reentry after ejection, a
contempt, § 1210

refusal to surrender after

sale, § 1161a

REAL PROPERTY-Cont'd

General Provisions - Cont'd

release of from attachment,
§ 560

rules, construing

description, § 2077
sale of, what acquired, § 700
seizin, within five years,

when necessary,
§§ 318, 319

seizin, in action on title to or

rents from, § 319

sold, by whom redeemed,
§ 701

summary proceedings for
obtaining possession of,
§§ 1159-1179a

title, declarations of

predecessor, admitted,

§ 1849

to determine conflicting

claims, § 389

to recover possession of, costs
of course when allowed,
§ 1022

transfer of must be in writing,

except, § 1972
trespass on, limitation of

action, § 338

trustee may sell, § 1822c
Time of commencing actions
for recovery of real
property, §§ 315-328
See Actions; Time, § 315
adverse possession, what

constitutes under written
instrument or judgment,
§ 323

disabilities certain, excluded
from time to commence
actions, § 328

entry on real estate, § 320
five years when actions to be
brought within, § 317
grantee, when action cannot
be brought from Guam,
§ 316
occupation under written

instrument or judgment,
when deemed adverse,
§ 322
people, when will not sue,
§ 315

REAL PROPERTY - Cont'd
Time-Cont'd

possession, relation of

landlord and tenant as
affecting adverse, § 326
possession, right of not

affected by descent cast,
§ 327
possession, when presumed;
occupation deemed under
legal title, unless adverse,
§ 321

seizin, when necessary in

action or defense arising
out of title to or rents of
real property, § 319
seizin within five years,

when necessary in action
for real property, § 318
title, premises actually

occupied under claim of
title deemed to be held
adversely, § 324

title, what constitutes adverse
possession under claim

of title not written, § 325
REASONABLE DOUBT
Evidence, § 2061
REBUTTAL

Evidence in, § 631
RECALLING WITNESS
How permissible, § 2050
RECEIPT

As evidence of payment, § 1963
For amounts collected in

attachment by marshal, § 547
§ 547

For securities in partition

proceedings, § 790

Presumption as to evidence of

paying rent, § 1963

Whoever pays entitled to, § 2075
RECEIVERS

Appointment of receivers, § 564
Appointment of, in escheated

property, § 1270
Appointment of receivers upon
dissolution of corporations,
§ 565

Bank, appointed as, § 571
Escheated estate, income from,

§ 1270

Funds, investment of, § 569

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