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accepted according action ancient appears applied authority become bound called century claim clear common law condition consideration considered contains contingent contract corporation course Court dealing death decided decision discussion distinction doctrine doubt duty edition effect England English evidence existence expressed fact feudal freehold future interest give given hand heirs held hold important instance issue Jimutavahana judges judgment jury justice king known land lawyers learned limited London Lord matter means nature necessary notice object official opinion original particular parties passed perhaps persons pleading possession possible practice precedent present principle question reason reference regard registered relating remainder reports result Roman rule seems statement statute succession suggested taken term theory thing tion valid vested whole
Page 411 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 23 - It may not be unworthy of remark, that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance; their relation...
Page 406 - ... mariners, and of all other perils, losses, and misfortunes that have, or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, etc., or any part thereof.
Page 409 - It is perhaps correct to say that public policy is that principle of law which holds that no person can lawfully do that which has a tendency to be injurious to the public or against the public good, which may be designated, as it sometimes has been, the policy of the law, or public policy in relation to the administration of the law.
Page 414 - For though in particular cases the repugnance of the law to dissolve the obligations of matrimonial cohabitation may operate with great severity upon individuals, yet it must be carefully remembered that the general happiness of the married life is secured by its indissolubility. When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off; they become good husbands,...
Page 324 - ... the rule against perpetuities. "The rule against perpetuities is thus stated : 'No interest subject to a condition precedent is good unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.
Page 21 - He is entrusted with making the treaty of peace: he may yield up the conquest, or retain it upon what terms he pleases. These powers no man ever disputed, neither has it hitherto been controverted that the King might change part or the whole of the law or political form of government of a conquered dominion.
Page 324 - No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.
Page 14 - But any doctrine so invoked must be one really accepted as binding between nations, and the international law sought to be applied must, like anything else, be proved by satisfactory evidence which must...
Page 112 - Frauds does not prevent the proof of a fraud ; and that it is a fraud on the part of a person to whom land is conveyed as a trustee, and who knows it was so conveyed, to deny the trust and claim the land himself. Consequently, notwithstanding the statute, it is competent for a person claiming land conveyed to another to prove by parol evidence that it was so conveyed upon trust for the claimant, and that the grantee, knowing the facts, is denying the trust and relying upon the form of conveyance...