The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 98Bancroft-Whitney Company, 1904 - Law reports, digests, etc |
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Page 38
... possession of a joint note by one of the drawers , with a re- ceipt of payment by the holder or possessor indorsed on it , is prima facie evidence of the liability of the other drawer to refund one - half of the note : Ingram v . Croft ...
... possession of a joint note by one of the drawers , with a re- ceipt of payment by the holder or possessor indorsed on it , is prima facie evidence of the liability of the other drawer to refund one - half of the note : Ingram v . Croft ...
Page 50
... possession of a bond by one obligor evi- dence that he paid the whole debt : Craig v . Craig , 3 Rawle ( Pa . ) , 472 , 24 Am . Dec. 390 . Parol evidence is admissible to show the real nature of the trans- action in a suit for ...
... possession of a bond by one obligor evi- dence that he paid the whole debt : Craig v . Craig , 3 Rawle ( Pa . ) , 472 , 24 Am . Dec. 390 . Parol evidence is admissible to show the real nature of the trans- action in a suit for ...
Page 56
... POSSESSION - Presumption in Favor of.- If a mortgagee of real property is in possession , his possession will be presumed to be rightful , and , therefore , to have been taken with the consent of the mortgagor after a breach of the ...
... POSSESSION - Presumption in Favor of.- If a mortgagee of real property is in possession , his possession will be presumed to be rightful , and , therefore , to have been taken with the consent of the mortgagor after a breach of the ...
Page 58
... possession . In rebuttal the plaintiffs then offered , and the court al- lowed , in evidence , over defendants ' objections , two instru- ments executed by William B. Swain , grantee under the deed from Shanklin . They were both ...
... possession . In rebuttal the plaintiffs then offered , and the court al- lowed , in evidence , over defendants ' objections , two instru- ments executed by William B. Swain , grantee under the deed from Shanklin . They were both ...
Page 60
... possession of the premises is under the Shanklin deed , and their sole claim under it is as successor to Shank- lin's interest as mortgagor under the alleged mortgage to 280 Swain . Whatever the true character of the conveyance made by ...
... possession of the premises is under the Shanklin deed , and their sole claim under it is as successor to Shank- lin's interest as mortgagor under the alleged mortgage to 280 Swain . Whatever the true character of the conveyance made by ...
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Common terms and phrases
accomplice action administrator agent alleged appellant appellee appliances apply authority bank cars charged Chicago claim Code common law constitution contract contributory negligence conviction corporation corroboration court court of equity creditors crime criminal damages death debts deceased deed defect defendant deposit duty dying declarations East Chicago employé entitled evidence executor fact funds furnish gristmill guilty held husband injury Iowa judgment land legislative legislature liable Linda Green Little Rock master ment Missouri monographic note mortgage municipal municipal corporation N. Y. Supp necessary negligence owner paid party payment person petition plaintiff in error possession purchase purpose question railroad reason receiver recover rule servant setoff statute subornation suicide taxes testimony thereof tion tort trial trial by jury trust wife witness
Popular passages
Page 824 - It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries and the property of charitable institutions. It may impose different specific taxes upon different -trades and professions, and may vary the rates of excise upon various products...
Page 573 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Page 82 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 857 - The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.
Page 720 - By the law of the land is most clearly intended the general law, a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.
Page 671 - ... the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Page 423 - Municipal and other corporations and individuals invested with the privilege of taking property for public use...
Page 562 - Is It an Interest in the subject on which the power Is to be exercised, or Is It an Interest in that which is produced by the exercise of the power? We hold It to be clear that the Interest which can protect a power after the death of a person who creates it must be an interest in the thing itself. In other words, the power must be ingrafted on an estate in the thing. The words themselves would seem to Import this meanIng. 'A power coupled with an interest' Is a power which accompanies, or is connected...
Page 75 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 612 - But this movement does not begin until the articles have been shipped or started for transportation from the one state to the other. The carrying of them in carts or other vehicles, or even floating them, to the depot where the journey is to commence is no part of that journey.