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An Elementary Treatise on the Common Law, for the Use of Students
Henry Taylor Terry
No preview available - 2015
action actual agreement amount appear applied appointed authority become bill breach called cause certain chattel civil claim committed common law condition consideration constitution contract corporation court created creditors crime damages death debt deed defendant duty easement effect enforce England equity evidence execution exist express fact former fraud give given granted heir held hold important includes injury instance intention interest issue judge judgment jurisdiction jury kind King known land limited lord matter means ment mere merely nature necessary negligence obligation officer ordinary original owner paid particular party payment performance permitted person plaintiff possession present principle proceedings proper question reasonable receive refuse relation remainder remedy responsible rule servant sometimes statute suit taken tenant thing tion tort transfer trial trust United unless usually violation writ wrong
Page 389 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 145 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 74 - The government of the United States, then, though limited in its powers, is supreme; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, ' ' anything in the Constitution or laws of any State to the contrary notwithstanding.
Page 831 - A felonious taking of money or goods, to any value, from the person of another or in his presence, against his will, by violence or putting him in fear.
Page 216 - Any influence brought to bear upon a person entering into an agreement, or consenting to a disposal of property, which, having regard to the age and capacity of the party, the nature of the transaction, and all the circumstances of the case, appears to have been such -as to preclude the exercise of free and deliberate judgment...
Page 194 - That he possesses that reasonable degree of learning, skill, and experience which is ordinarily possessed by the professors of the same art or science, and which is ordinarily regarded by the community and by those conversant with that employment as necessary and sufficient to quality him to engage in such business.
Page 298 - Norman conquest it may be described as a complete organisation of society through the medium of land tenure, in which from the king down to the lowest landowner all are bound together by obligation of service and defence, the lord to protect his vassal, the vassal to do service to his lord, the defence and service being based on and regulated by the nature and extent of the land held by the one of the other.
Page 499 - But it is plain that the right to use one's property for the sole purpose of injuring others is not one of the immediate rights of ownership; it is not a right for the sake of which property is recognized by the law, but is only a more or less necessary incident of rights which are established for very different ends.
Page 834 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right