Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 4; Volume 61 |
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Page 16
... mortgage of the property ; ( Conover vs. Mutual Ins . Co. of Albany , 1 Comst . 290 ; 3 Denio , 234 ; Fulsom vs. Belknap Mutual Fire Ins . Co. , 10 Foster , 231 ; ) nor by a sale and conveyance , the grantee having simultaneously re ...
... mortgage of the property ; ( Conover vs. Mutual Ins . Co. of Albany , 1 Comst . 290 ; 3 Denio , 234 ; Fulsom vs. Belknap Mutual Fire Ins . Co. , 10 Foster , 231 ; ) nor by a sale and conveyance , the grantee having simultaneously re ...
Page 32
... mortgages . We understand that in New York the nisi decree directs a payment of the mortgage money to a commissioner , and directs him , if it should not be paid , to sell the property ; no further action by the court is needed to ...
... mortgages . We understand that in New York the nisi decree directs a payment of the mortgage money to a commissioner , and directs him , if it should not be paid , to sell the property ; no further action by the court is needed to ...
Page 91
... mortgage of her real estate to secure his debt , which he , by the deed , covenanted to pay to the mortgagee ; he died leaving a will , giving several legacies , and owing debts by simple contract , and it was held that his personal es ...
... mortgage of her real estate to secure his debt , which he , by the deed , covenanted to pay to the mortgagee ; he died leaving a will , giving several legacies , and owing debts by simple contract , and it was held that his personal es ...
Page 187
... mortgage , ) from one who had notice of a prior in- cumbrance . 11 It is well settled in equity , with reference to debts secured by mortgage , that the debt is the principal thing and the mortgage a mere incident thereto ; that a ...
... mortgage , ) from one who had notice of a prior in- cumbrance . 11 It is well settled in equity , with reference to debts secured by mortgage , that the debt is the principal thing and the mortgage a mere incident thereto ; that a ...
Page 188
... mortgage , which was duly recorded , to J. Winslow , trustee , to secure the pay- ment of certain bonds , called by persons dealing in them " third mortgage bonds , " the company having made two previous mortgages . In March , 1856 ...
... mortgage , which was duly recorded , to J. Winslow , trustee , to secure the pay- ment of certain bonds , called by persons dealing in them " third mortgage bonds , " the company having made two previous mortgages . In March , 1856 ...
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Common terms and phrases
acres ademption Adm'r affidavit alleged amend amount answer appellant appellee attachment authority aver Barbaroux Bardstown Bibb bill bill of attainder bond cause of action cause remanded chap CIRCUIT COURT cited Civil Code citizen claim Commonwealth confiscation consideration constitution constructive notice contended contract conveyance court of equity creditors Dana debts declares deed defendant DELIVERED THE OPINION demands devise Doniphan entitled equity evidence executed executor facts filed forfeiture heirs held husband indorser intention J. J. Mar JAMES HARLAN JUDGE BULLITT DELIVERED judgment is reversed jury land liable Liberia lien ment mortgage Norris notice paid parties payment person petition plaintiff pleadings proceedings proved provisions purchaser question real estate reason rendered Revised Statutes rule Sechrest sheriff slaves sold Stat sued suit supra sureties sustained testator thereof tion trial trustee United United States constitution usury Vallette void wife
Popular passages
Page 203 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 381 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 204 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 386 - The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.
Page 379 - An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate the Property of Rebels, and for other purposes...
Page 4 - State, with any deadly weapon, either in or out of the State, shall be deprived of the right to hold any office of honor or profit in this Commonwealth...
Page 341 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 290 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Page 430 - The first arising from the rule prescribed by the law of nations; . . . when the United States declared their independence, they were bound to receive the law of nations, in its modern state of purity and refinement..
Page 406 - IT is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.