The American Law Register, Volume 3; Volume 12D.B. Canfield & Company, 1864 - Electronic journals |
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Results 1-5 of 76
Page 31
... purchaser from the moment of acquisition , standing as the trustee of the mortgagee , consists in the want of visible , substantial posses- sion in the mortgagee . But this will be effected through the registry so soon as such contracts ...
... purchaser from the moment of acquisition , standing as the trustee of the mortgagee , consists in the want of visible , substantial posses- sion in the mortgagee . But this will be effected through the registry so soon as such contracts ...
Page 51
... Purchaser from the latter - Burden of Proof.— A person residing in California employed an agent to contract for and superintend the building of a ship at New York . The agent was fur- nished with funds for the purpose , and specially ...
... Purchaser from the latter - Burden of Proof.— A person residing in California employed an agent to contract for and superintend the building of a ship at New York . The agent was fur- nished with funds for the purpose , and specially ...
Page 52
... purchaser : Id . The burden of proof rests upon the equitable owner , to show that the purchaser had notice of his rights in due time : Id . Where the purchase has been made for a full price and on fair con- ditions , without special ...
... purchaser : Id . The burden of proof rests upon the equitable owner , to show that the purchaser had notice of his rights in due time : Id . Where the purchase has been made for a full price and on fair con- ditions , without special ...
Page 53
... purchaser has taken no separate security , and this is on the principle that one who gets the estate of another should not in conscience be allowed to keep it without paying for it : Chilton vs. Braiden's Ad- ministratrix . This rule ...
... purchaser has taken no separate security , and this is on the principle that one who gets the estate of another should not in conscience be allowed to keep it without paying for it : Chilton vs. Braiden's Ad- ministratrix . This rule ...
Page 55
... purchaser afterwards claimed the land as his own . Held , That the mortgagor can- not sustain a bill in equity to restrain the mortgagee from selling the land , and to enforce the understanding made before the sale : Randall vs. Howard ...
... purchaser afterwards claimed the land as his own . Held , That the mortgagor can- not sustain a bill in equity to restrain the mortgagee from selling the land , and to enforce the understanding made before the sale : Randall vs. Howard ...
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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.