The American Law Register, Volume 2; Volume 11D.B. Canfield & Company, 1863 - Electronic journals |
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Page 11
... regard to the parties . Marks vs. Pell , 1 Johns . Ch . R. 594 ; 2 Greenleaf's Cruise 67 and note . In this note the subject of parol defeasances is considerably discussed and many of the cases referred to . Most of the cases hold such ...
... regard to the parties . Marks vs. Pell , 1 Johns . Ch . R. 594 ; 2 Greenleaf's Cruise 67 and note . In this note the subject of parol defeasances is considerably discussed and many of the cases referred to . Most of the cases hold such ...
Page 12
... regard to this point : " The mortgage could be held as security for further advances . ( Code 8 , 27 , 1. ) " " The mortgagee was allowed to tack subsequent debts , in case of redemption , though this was not permitted to the extent of ...
... regard to this point : " The mortgage could be held as security for further advances . ( Code 8 , 27 , 1. ) " " The mortgagee was allowed to tack subsequent debts , in case of redemption , though this was not permitted to the extent of ...
Page 14
... regard to the different circumstances under which a creditor may be said to have such degree of equity as to be permitted to tack his debt to an outstanding legal estate . But as the law has never prevailed in the United States , and is ...
... regard to the different circumstances under which a creditor may be said to have such degree of equity as to be permitted to tack his debt to an outstanding legal estate . But as the law has never prevailed in the United States , and is ...
Page 16
... regard to the right of the first mortgagee who had taken his mortgage to secure future advances , to continue to make such advances with safety , notwithstanding he might make them after full notice of an intervening incumbrance . There ...
... regard to the right of the first mortgagee who had taken his mortgage to secure future advances , to continue to make such advances with safety , notwithstanding he might make them after full notice of an intervening incumbrance . There ...
Page 17
... regard to the right of taking subordinate incumbrances . And it is generally laid down in the English treatises upon the subject , as the settled rule of law . But it had been questioned by Mr. Coventry , in his edition of Powell on ...
... regard to the right of taking subordinate incumbrances . And it is generally laid down in the English treatises upon the subject , as the settled rule of law . But it had been questioned by Mr. Coventry , in his edition of Powell on ...
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Common terms and phrases
action adverse possession agreement alleged applied assignment assumpsit authority Bank bill bill of lading bond cause charter charter-party choses in action claim common law consignees Constitution contract corporation counsel court of equity covenants creditor damages debt decided decision declared deed deed of trust defendant discharge district duty election electors entitled equity evidence execution exercise fact fraud grant grantor habeas corpus held indorser injunction injury intention issued Judge judgment judicial jurisdiction jury Justice land Legislature levy liable lien matter ment mortgage negligence notice officers opinion owner pardon party payment person plaintiff plaintiff in error plea port Port Colborne possession President principle purchaser purpose question railroad reason recover regard Reports rule servitude sheriff statute suit Supreme Court thereof tion trial trust United vessel votes Welland Railway writ
Popular passages
Page 228 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 340 - ex majore cautela" and in anticipation of such astute objections, passing an act "approving, legalizing, and making valid all the acts, proclamations, and orders of the President, &c., as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Page 231 - That the circuit courts shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds...
Page 756 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Page 231 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 338 - The Constitution confers on the President the whole executive power. He is bound to take care that the laws be faithfully executed. He is Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. He has no power to initiate or declare a war, either against a foreign nation or a domestic State.
Page 616 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; but does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States?
Page 231 - And any attachment of the goods or estate of the defendant, by the original process, shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such State they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced.
Page 339 - WHEREAS we are happily at peace with all sovereigns, powers, and states : And whereas hostilities have unhappily commenced between the government of the United States of America and certain States styling themselves the Confederate States of America...
Page 41 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government.