The Southern Law Review: And Chart of the Southern Law and Collection UnionRoberts & Purvis, 1883 - Law |
From inside the book
Results 1-5 of 74
Page 4
... apply the proceeds to the satisfaction of the note , and that , instead of so doing , he converted the property so de- livered to his own use . The sole question was , whether the equitable satisfaction of the mortgage in this way could ...
... apply the proceeds to the satisfaction of the note , and that , instead of so doing , he converted the property so de- livered to his own use . The sole question was , whether the equitable satisfaction of the mortgage in this way could ...
Page 5
... objections which third parties only are interested in raising . We cannot give to the mortgage all the properties of negotiable paper , nor apply to it all the principles of the law merchant PURCHASERS OF NEGOTIABLE PAPER . 5.
... objections which third parties only are interested in raising . We cannot give to the mortgage all the properties of negotiable paper , nor apply to it all the principles of the law merchant PURCHASERS OF NEGOTIABLE PAPER . 5.
Page 6
... apply the rule strictly , it will follow that , in the absence of a statute requiring assignments of mortgages to be recorded , the purchaser of the mortgaged property is bound to inquire whether the mortgagee is still the holder of the ...
... apply the rule strictly , it will follow that , in the absence of a statute requiring assignments of mortgages to be recorded , the purchaser of the mortgaged property is bound to inquire whether the mortgagee is still the holder of the ...
Page 10
... application of these rules , it will be found necessary to observe the distinction between mortgages of real estate and mortgages of personal property . The general principles above indicated apply alike to all mort- gages , but the ...
... application of these rules , it will be found necessary to observe the distinction between mortgages of real estate and mortgages of personal property . The general principles above indicated apply alike to all mort- gages , but the ...
Page 11
... Applying this rule to the case of the assignee of a negotiable note , secured by mortgage upon personal property under such circumstances as to make him the purchaser of the property , we reach the conclusion that , in such a case as ...
... Applying this rule to the case of the assignee of a negotiable note , secured by mortgage upon personal property under such circumstances as to make him the purchaser of the property , we reach the conclusion that , in such a case as ...
Contents
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Common terms and phrases
action agent agreement amount appear apply assignment assumpsit attorney authority bank bill bonds Circuit claim common law Constitution contract conveyance corporation coupons court of equity coverture creditors crop damages debt decision deed defendant Dist entitled equity estopped estoppel evidence execution fact February 28 Federal courts fraud fraudulent held holder husband injury interest Iowa judges judgment July 19 jurisdiction jury land liability lien married woman matter ment mortgage N. W. Rep negligence negotiable October 28 officer Ohio L. J. opinion owner paid party payment person plaintiff possession principle promissory note purchaser question reason received recover replevin rule sect service of process sold statute Statute of Frauds stockholders suit Supreme Court thereof tion U. S. Cir U. S. Sup United usurious vendee vendor void wife
Popular passages
Page 417 - The judicial power shall extend to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority...
Page 590 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 417 - Chancery jurisdiction is conferred on the courts of the United States with the limitation " that suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate, and complete remedy may be had at law.
Page 401 - I do not hear yet, that you have spoken one word against me; here is no treason of mine done; if my Lord Cobham be a traitor, what is that to me ? Coke — All that he did was by thy instigation, thou viper ; for I thou thee, thou traitor!
Page 170 - ... in the very torrent, tempest, and, as I may say, whirlwind of your passion, you must acquire and beget a temperance that may give it smoothness. O, it offends me to the soul to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of the groundlings, who for the most part are capable of nothing but inexplicable dumb-shows and noise.
Page 218 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 420 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 218 - A corporation cannot change its residence or its citizenship. It can have its legal home only at the place where it is located by or under the authority of its charter; but it may by its agents transact business anywhere, unless prohibited by its charter or excluded by local laws.
Page 369 - To apply any portion of the funds of such corporation, except surplus profits, directly or indirectly, to the purchase of shares of its own stock ; or 6.
Page 85 - The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court.