The American Law Register, Volume 3; Volume 12D.B. Canfield & Company, 1864 - Electronic journals |
From inside the book
Results 1-5 of 100
Page 16
... equity courts , or , where they were taken from decisions upon questions of testamentary capacity , The substance of these authorities is as follows : - : - I. 39 Hen . 6 ; 43 B. ( Year Book ) . II . Beverly's Case ( 4 Co. 126 b ) ...
... equity courts , or , where they were taken from decisions upon questions of testamentary capacity , The substance of these authorities is as follows : - : - I. 39 Hen . 6 ; 43 B. ( Year Book ) . II . Beverly's Case ( 4 Co. 126 b ) ...
Page 18
... to other parties . In 1859 , a bill in equity was commenced by the holders of the bonds , against the Company and the assignees of the mortgage , to compel them to exe- cute the trust . A receiver was appointed by the 18 MORRILL vs. NOYES .
... to other parties . In 1859 , a bill in equity was commenced by the holders of the bonds , against the Company and the assignees of the mortgage , to compel them to exe- cute the trust . A receiver was appointed by the 18 MORRILL vs. NOYES .
Page 19
... equity suit with which this is connected , show that the mortgage was duly re- corded in the registry of deeds for the county , and also in the city registry of mortgages of personal property . The copy in this case has no certificate ...
... equity suit with which this is connected , show that the mortgage was duly re- corded in the registry of deeds for the county , and also in the city registry of mortgages of personal property . The copy in this case has no certificate ...
Page 20
In 1859 , certain holders of the bonds commenced a suit in equity against the company and Churchill , and others who now hold the mortgage , to compel them to execute the trust created thereby ; and Noyes , the defendant , by consent of ...
In 1859 , certain holders of the bonds commenced a suit in equity against the company and Churchill , and others who now hold the mortgage , to compel them to execute the trust created thereby ; and Noyes , the defendant , by consent of ...
Page 23
... equity . But this is a loose use of language , that tends more to confuse than to recon- cile . If such a mortgage is absolutely void , for want of any sub- ject - matter to support it , then it should be so held in equity , as well as ...
... equity . But this is a loose use of language , that tends more to confuse than to recon- cile . If such a mortgage is absolutely void , for want of any sub- ject - matter to support it , then it should be so held in equity , as well as ...
Other editions - View all
Common terms and phrases
agent agreement alleged amount applied assignment authority bailment bank bill bond capture cause of action citizen claim common law consideration Constitution contract conveyance corporation court of equity coverture creditor damages debt decisions declared decree deed defendant delivered divorce doctrine domicil duty effect England English entitled equity estopped estoppel evidence executed existing fact fee simple fraud grant grantor ground held husband indorsed insanity interest judge judgment jurisdiction jury Justice land legislature liable lien Lord marriage married ment Milwaukie mortgage mortgagor notice obligation opinion owner paid parties payment person plaintiff possession principle promissory promissory note provisions purchaser question railroad reason recover regard remedy Reports rule says seisin Seymour statute Statute of Limitations subsequent suit Supreme Court testamentary capacity testator tion United usury valid void watercourse Weehawken Wend wife York
Popular passages
Page 459 - 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 325 - In case of a disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn...
Page 331 - Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting.
Page 535 - ... of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital...
Page 139 - AVhere a remainder shall be limited to the heirs, or iifefwhe'nto heirs of the body of a person to whom a life estate, in the same premises...
Page 334 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 590 - It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely, by land or by water, saving his allegiance to us...
Page 472 - The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crime shall have been committed...
Page 140 - By section 35 of the same article, it is, also, provided that "expectant estates are descendible, devisable and alienable in the same manner as estates in possession.
Page 32 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.