The Pacific Reporter, Volume 176West Publishing Company, 1919 - Law reports, digests, etc |
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Page 17
... MORTGAGES 25 ( 6 ) —CONSIDERATION - EV- IDENCE . In an action to foreclose a mortgage on land for $ 25,000 , evidence held to show that the mortgagee had only furnished about $ 15,000 , and that $ 10,000 claimed to have been furnished ...
... MORTGAGES 25 ( 6 ) —CONSIDERATION - EV- IDENCE . In an action to foreclose a mortgage on land for $ 25,000 , evidence held to show that the mortgagee had only furnished about $ 15,000 , and that $ 10,000 claimed to have been furnished ...
Page 18
... mortgage ; ( 3 ) awarding foreclosure of the bank's mortgage as a lien inferior to all oth- ers here asserted , such foreclosure being awarded upon the ground of default in pay- ment of interest , entitling the bank to de- clare the ...
... mortgage ; ( 3 ) awarding foreclosure of the bank's mortgage as a lien inferior to all oth- ers here asserted , such foreclosure being awarded upon the ground of default in pay- ment of interest , entitling the bank to de- clare the ...
Page 19
... mortgage upon the property , se- curing the same . At the same time a con- tract was entered into between the Invest- ment Company and the Realty Company and Jones and wife which , in so far as we need here notice its terms , reads as ...
... mortgage upon the property , se- curing the same . At the same time a con- tract was entered into between the Invest- ment Company and the Realty Company and Jones and wife which , in so far as we need here notice its terms , reads as ...
Page 20
... mortgage sonian Investment Company : It is agreed by the parties hereto that the said sum of $ 10,000 , to the extent of the moneys actually ad- together with an additional sum of $ 2,000 , shall vanced upon that loan , to wit , the ...
... mortgage sonian Investment Company : It is agreed by the parties hereto that the said sum of $ 10,000 , to the extent of the moneys actually ad- together with an additional sum of $ 2,000 , shall vanced upon that loan , to wit , the ...
Page 21
... mortgage by this ac- tion , though , of course , as decreed by the trial court , that does not impair the Invest - mortgage , conceding that the architect's lien ment Company's mortgage as a first lien in securing the amount actually ...
... mortgage by this ac- tion , though , of course , as decreed by the trial court , that does not impair the Invest - mortgage , conceding that the architect's lien ment Company's mortgage as a first lien in securing the amount actually ...
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affirmed agreement alleged amended amount Appeal from Superior appellant assignment attorney bank bill of lading cause of action claim Code Colo Company complaint concur contract corporation counsel Cowley county creditors damages decree deed defendant defendant in error defendant's demurrer denied Digests and Indexes District Court ditch entitled evidence execution fact fendant filed held injury instruction Judge judgment jury Key-Numbered Digests King County land lease liable lien ment mortgage motion negligence Oklahoma Okmulgee county overruled owner paid parties payment person petition plain plaintiff in error pleaded possession proceeding purchase purpose question quiet title reason record Rehearing reservoir respondent rule statute sufficient Superior Court Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER tract trading stamps transcript trial court trust verdict Wash witness
Popular passages
Page 52 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 28 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 156 - Ed. 518] ), and that the true test of employment in such commerce in the sense intended is, was the employee at the time of the injury engaged in interstate transportation or in work so closely related to it as to be practically a part of it.
Page 221 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 343 - If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of bills of lading...
Page 28 - The true rule is that what is the proximate cause of an Injury is ordinarily a question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It.
Page 351 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 351 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor.
Page 353 - ... for an injury to the rights of the plaintiff arising from some act or omission of such county or other public corporation.
Page 354 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.