The American Law Register, Volume 3; Volume 12D.B. Canfield & Company, 1864 - Electronic journals |
From inside the book
Results 1-5 of 57
Page 22
... remedy . Their action is not a suit for the possession , but is an attempt to hold the receiver personally liable for the value of the property . Such an action cannot be maintained under the circumstances of this case . Whether in any ...
... remedy . Their action is not a suit for the possession , but is an attempt to hold the receiver personally liable for the value of the property . Such an action cannot be maintained under the circumstances of this case . Whether in any ...
Page 23
... remedy is in equity , or by a suit at law . In other cases the reasoning is syllogistic and summary . " Qui non habet , ille non dat . " A mortgage is a grant . Therefore a mortgage of what one does not own , or of what is not in esse ...
... remedy is in equity , or by a suit at law . In other cases the reasoning is syllogistic and summary . " Qui non habet , ille non dat . " A mortgage is a grant . Therefore a mortgage of what one does not own , or of what is not in esse ...
Page 29
... remedies . What remedies will be open to them must depend upon the cir- cumstances of each case . In Holroyd vs. Marshall , 9 Jur . N. S. 213 , recently decided by the House of Lords , a registered mortgage of machinery in a mill ...
... remedies . What remedies will be open to them must depend upon the cir- cumstances of each case . In Holroyd vs. Marshall , 9 Jur . N. S. 213 , recently decided by the House of Lords , a registered mortgage of machinery in a mill ...
Page 46
... remedy , equity , although raising presumptions of payment from lapse of time , has not made them con- clusive . Therefore , on a bill for foreclosure and praying , under the statute of Michigan , a personal decree against the mortgagor ...
... remedy , equity , although raising presumptions of payment from lapse of time , has not made them con- clusive . Therefore , on a bill for foreclosure and praying , under the statute of Michigan , a personal decree against the mortgagor ...
Page 49
... remedy is purely of an equitable nature , equity follows its own rules . The foreclosure of mortgages is one of the ancient equitable remedies . Its object is simply to enforce a lien upon lands by making it abso- lute unless redeemed ...
... remedy is purely of an equitable nature , equity follows its own rules . The foreclosure of mortgages is one of the ancient equitable remedies . Its object is simply to enforce a lien upon lands by making it abso- lute unless redeemed ...
Other editions - View all
Common terms and phrases
agent agreement alleged amount applied assignment authority bailment bank bill bond capture cause of action citizen claim common law consideration Constitution contract conveyance corporation court of equity coverture creditor damages debt decisions declared decree deed defendant delivered divorce doctrine domicil duty effect England English entitled equity estopped estoppel evidence executed existing fact fee simple fraud grant grantor ground held husband indorsed insanity interest judge judgment jurisdiction jury Justice land legislature liable lien Lord marriage married ment Milwaukie mortgage mortgagor notice obligation opinion owner paid parties payment person plaintiff possession principle promissory promissory note provisions purchaser question railroad reason recover regard remedy Reports rule says seisin Seymour statute Statute of Limitations subsequent suit Supreme Court testamentary capacity testator tion United usury valid void watercourse Weehawken Wend wife York
Popular passages
Page 459 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 325 - In case of a disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn...
Page 331 - Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting.
Page 535 - ... of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital...
Page 139 - AVhere a remainder shall be limited to the heirs, or iifefwhe'nto heirs of the body of a person to whom a life estate, in the same premises...
Page 334 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 590 - It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely, by land or by water, saving his allegiance to us...
Page 472 - The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crime shall have been committed...
Page 140 - By section 35 of the same article, it is, also, provided that "expectant estates are descendible, devisable and alienable in the same manner as estates in possession.
Page 32 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.