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to the owner as for a conversion. deed from C, and before conveying
assigned to him which was a lien on
.293 the defendant, as between the latter
and his immediate grantor......id
4. The Referee having treated the de-
fendant as a mortgagee in possession
under said mortgage, and having de-
deed, absolute on its face, to W, and defendant the amount found due
thereon, as a condition of recovering
possession : Held, on an appeal taken
by the defendant, that there was no
5. In an action on the covenant of
seizin, if the defendant allege seizin
in his answer, he has the affirmative
of the issue and the burden of
proof. Potter v. Kitchen, .....566
..378 a usurious contract ? Quære. Scotte
$ 3,) which is to the effect that a 2. Where a manufacturing Company
.id Secretary has no authority to accept
a bill for the accommodation of the
3. Nor has the President or Trustee
removal of certain tools and ma-
5. Held: That if the act of the Vice-
6. Proof that he acted by the autho-
7. A subsequent demand of the pro-
A corporation was created for the
purpose of receiving on deposit
8. Whether, if the action had been
9. And whether the subsequent con-
not a waiver of any such previous
10. It is not necessary to aver that
defendants are a corporation, in de-
Bills OF EXCHANGE, 4, 6.
renewed the vendor will refund
Vide MONEYED CORPORATION, 1, 13.
PLEADINGS, 13, 14.
CORPORATION OF CITY OF 1. In an action for a breach of the
covenant of seizin in a conveyance
of land, where the breach was as-
signed in the complaint by negati-
the answer averred the contrary,
(viz., that the defendant was, at,
in the exact words of the covenant:
Held, that the defendant held the
affirmative of the issue and the bur-
den of proof, and must prove his
title. Accordingly, where, upon the
trial of such an issue, neither party
offers any evidence, the plaintiff is
entitled to judgment. Potter v.
2. One who violates his covenant to
build a party wall, one-half on his
own and one-half on another's land,
by not extending it so far as the
covenant requires is not entitled to
an injunction to restrain such other
from making the extension which
he ought himself to have made.
The Rector, &c., of the Holy Inno-
cents v. Keech,.
3. Such an agreement implies, though
4. Where such an agreement bears
5. An attaching creditor may im-
1. Deed recorded as a deed, intended
Vide BANK CHECK.
Common CARRIER, 9.
Vide Sale, 1, 3, 4.
DEMAND AND REFUSAL.
DEBTOR AND CREDITOR.
between the shipper and one R. R.
Trask v. Jones et
Vide PLEADINGS, 6, 8, 9 to 14.
Vide Practice, title DISCOVERY.
2. After such evidence of Hunter's
3. Entries in the books of a co-part-
Vide CONVEYENCE, 1, 2, 3.
Vide INSURANCE, 7.
4. Proof of cotemporaneous pur-
1. Where, in an action to recover
5. Where an Insurance Company is-