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 99Bancroft-Whitney, 1888 - Law reports, digests, etc |
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Results 1-5 of 82
Page 100
... record we find that the complaint and summons were not filed in the circuit court till the 18th of November , 1861 ... records of a court , could have actual notice , then the purchasers before the complaint was filed cannot be affected ...
... record we find that the complaint and summons were not filed in the circuit court till the 18th of November , 1861 ... records of a court , could have actual notice , then the purchasers before the complaint was filed cannot be affected ...
Page 101
... record somewhere , accessible to the party to be affected , and by examining which he may have actual no- tice . Where this is the case , there is no injustice in applying the rule of lis pendens ; for the purchaser , by due diligence ...
... record somewhere , accessible to the party to be affected , and by examining which he may have actual no- tice . Where this is the case , there is no injustice in applying the rule of lis pendens ; for the purchaser , by due diligence ...
Page 107
... record , and had he taken the trouble to ex- amine in respect to the title , he would have learned all about them . This he did not do . Now , upon what principle can the purchaser at the foreclosure sale ask a court of equity to set ...
... record , and had he taken the trouble to ex- amine in respect to the title , he would have learned all about them . This he did not do . Now , upon what principle can the purchaser at the foreclosure sale ask a court of equity to set ...
Page 123
... record : Hadley v . Atkinson , 84 Ind . 64. The record must show that the written charge was read to the jury , unless waived : Territory of Arizona v . Gertrude , 1 Ariz . 74 ; Territory of Arizona v . Kennedy , 1 Id . 505. If the ...
... record : Hadley v . Atkinson , 84 Ind . 64. The record must show that the written charge was read to the jury , unless waived : Territory of Arizona v . Gertrude , 1 Ariz . 74 ; Territory of Arizona v . Kennedy , 1 Id . 505. If the ...
Page 132
... Record must Show - Presumptions , etc. — A party complaining of error in the giving or refusal of instructions , or an omis- sion to give them , must affirmatively show it : Donnell v . Jones , 17 Ala . 689 ; S. C. , 52 Am . Dec. 194 ...
... Record must Show - Presumptions , etc. — A party complaining of error in the giving or refusal of instructions , or an omis- sion to give them , must affirmatively show it : Donnell v . Jones , 17 Ala . 689 ; S. C. , 52 Am . Dec. 194 ...
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Common terms and phrases
action adverse possession affirmed agent alleged amount appear appellant appellee authority bail Bank bill charge claim complaint contract conveyance conveyed corporation Cotzhausen counsel court court of equity covenant creditors damages debts deed defendant demurrer Ditch Company entitled equity error estopped estoppel Eureka Lake Water evidence execution facts filed granted grantor ground held homestead husband illegal indorsement injury instructions interest Iowa issued judgment lien jury Lake Water Company land levy liable lis pendens ment mortgage ne exeat negligence notice opinion owner paid party payment person plaintiff plaintiff in error possession premises purchaser purpose question quitclaim deed R. R. Co railroad record recover refused rule seisin sell sheriff sheriff's deed Smith sold statute statute of limitations stockholders suit sureties sustained thereof tion trial trustee ultra vires valid verdict void wife writ
Popular passages
Page 61 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 87 - The principle is that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains.
Page 654 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 439 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff, Under-Sheriff, or Coroners, to be executed...
Page 663 - The general rule is that the validity of a contract is to be determined by the law of the state in which it is made; if...
Page 299 - ... provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company, which shall remain after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter.
Page 343 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 632 - On the contrary, although he may be laboring under partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
Page 153 - ... in all cases where a condition of a bond, recognizance, &c., is possible at the time of the making of the condition, and, before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there, the obligation, Sic., is saved.
Page 354 - An act more effectually to provide for the punishment of certain crimes against the United States...