The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 1Bancroft-Whitney, 1871 - Law reports, digests, etc |
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Results 1-5 of 43
Page 16
... intention of securing to Green an interest in the property as part owner . It has been argued that the effect of this transaction was to create a resulting trust in the property in favor of Green , to the extent or in the proportion of ...
... intention of securing to Green an interest in the property as part owner . It has been argued that the effect of this transaction was to create a resulting trust in the property in favor of Green , to the extent or in the proportion of ...
Page 34
... intention to give a beneficiary interest to the devisee . Where a trust results by operation of law , as , for instance , where there is a devise or bequest to a person " upon trust , " and no trust is declared , etc. , in such cases ...
... intention to give a beneficiary interest to the devisee . Where a trust results by operation of law , as , for instance , where there is a devise or bequest to a person " upon trust , " and no trust is declared , etc. , in such cases ...
Page 36
... intention to stamp upon the devise the character of a trust will be sufficient . If the intention be not plainly expressed , or if the language used be ambiguous , there are certain well - established rules which courts will invoke to ...
... intention to stamp upon the devise the character of a trust will be sufficient . If the intention be not plainly expressed , or if the language used be ambiguous , there are certain well - established rules which courts will invoke to ...
Page 38
... intention of not conferring the equitable , in short , stamps the devisee with the character of trustee , and yet does not define the particular trusts upon which he is to hold . In this case , no paper not duly attested ( except , of ...
... intention of not conferring the equitable , in short , stamps the devisee with the character of trustee , and yet does not define the particular trusts upon which he is to hold . In this case , no paper not duly attested ( except , of ...
Page 41
... intention they should take in interest at that time . Few questions in regard to the construction of wills have given rise to greater difficulty than the proper meaning of the words of survivorship , as used in the will before us , and ...
... intention they should take in interest at that time . Few questions in regard to the construction of wills have given rise to greater difficulty than the proper meaning of the words of survivorship , as used in the will before us , and ...
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action affirmed agent agreed agreement allowed amount appeal apply assignment authority Bank bill brought carried carriers cause charge cited citizens claim common condition consideration constitution construction contract corporation court damages debt decided decision deed defendant delivered demand direct duty effect entitled error evidence execution exercise existence express fact favor give given granted ground held hold intention interest judge judgment jury Justice land legislature liable limits loss means mortgage nature negligence notice object opinion owner paid parties payment person plaintiff possession present principle proper prove provisions purchaser question railroad reason received record recover reference removal resident respect road rule says statute sufficient suit sustained taken tion trial trust United York
Popular passages
Page 475 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 59 - The right of a citizen of one State, to pass through or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise ; to claim the benefit of the writ of habeas corpus ; to institute and maintain actions of any kind in the courts of the State ; to take, hold, and dispose of property, either real or personal ; and an exemption from higher taxes or impositions than are paid by the other citizens of the State...
Page 349 - State authority, at the place where such bank is located and not elsewhere, but not at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Page 572 - ... except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 395 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 131 - There was no evidence in the case tending to show "that the brakeman struck the plaintiff in personal resentment of some insult offered him by the plaintiff...
Page 474 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished...
Page 16 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act...
Page 411 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 398 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.