The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 14Bancroft-Whitney, 1886 - Law reports, digests, etc |
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Common terms and phrases
action administrator admitted adverse possession amount answer appears appellant applied assignment authority award bank bill bond bound brought cause charge circumstances claim common consideration considered contract conveyance conveyed court creditors debt debtor decided decision decree deed defendant demand directed dollars effect entered entitled equity error evidence execution executor existing fact fraud give given grant ground hands heirs held hundred intention interest issue John judge judgment jury justice land liable limitations matter means mortgage nature necessary notice objection obtained officer opinion original paid parties pass payment person plaintiff possession premises present principle proceedings proof proved purchaser question reason received record recover rendered rule settled sheriff sold statute subsequent sufficient suit taken tion trial trust unless void whole witness writ
Popular passages
Page 90 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Page 119 - Upon this and other evidence in the case, the counsel for the defendants (the now plaintiffs in error) asked the court to instruct the jury, that if they should find, from the evidence, that...
Page 303 - The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 282 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 478 - Before we conclude the doctrine of remainders and reversions, it may be proper to observe, that f whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate/ the less is immediately annihilated;! or, in the law phrase, is said to be 'merged, that is, sunk or drowned, in the greater.
Page 309 - ... shall be presumed to be fraudulent and void as against the creditors of the vendor or the creditors of the person making such assignment or subsequent purchasers in good faith...
Page 737 - That no man's particular services shall be demanded, or property taken or applied to public use, without the consent of his representatives, or without just compensation being made therefor.
Page 389 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 404 - The general rule of law as applied to this subject is, that, independent of any particular enjoyment used to be had by another, every man has a right to have the advantage of a flow of water in his own land without diminution or alteration. But an adverse right may exist, founded on the occupation of another. And...
Page 386 - That retrospective Laws, punishing acts committed before the existence of such Laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty ; wherefore, no ex post facto Law ought to be made ; nor any retrospective oath or restriction be imposed, or required.