The Pacific Reporter, Volume 27West Publishing Company, 1892 - Law reports, digests, etc |
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Page 27
... situate in Virginia and West Virginia , which lands had been conveyed in trust to secure other debts . ... there being no trustee to execute the contract of the parties to sell the land and pay the debt , under the circumstances ...
... situate in Virginia and West Virginia , which lands had been conveyed in trust to secure other debts . ... there being no trustee to execute the contract of the parties to sell the land and pay the debt , under the circumstances ...
Page 32
The debt is regarded as the principal , and the mortgage as a mere incident . When the debt is barred , the remedy upon the mortgage is also barred . McCarthy v . White , 21 Cal . 495. If , therefore , respondents could not ...
The debt is regarded as the principal , and the mortgage as a mere incident . When the debt is barred , the remedy upon the mortgage is also barred . McCarthy v . White , 21 Cal . 495. If , therefore , respondents could not ...
Page 40
CORPORATIONS PAYMENT OF DEBTS BY STOCKHOLDERS SUBROGATION — PLEADING AMEND--- - MENTS - LIMITATIONS . ... Held that , where one stockholder and director pays more than his proportionate share of such debt , the payment is not voluntary ...
CORPORATIONS PAYMENT OF DEBTS BY STOCKHOLDERS SUBROGATION — PLEADING AMEND--- - MENTS - LIMITATIONS . ... Held that , where one stockholder and director pays more than his proportionate share of such debt , the payment is not voluntary ...
Page 41
It is contended by counsel for respondent that the payment of the debt of the corporation by the plaintiff , in excess of that part for which he was individually liable as a stockholder , was purely voluntary , and extinguished the debt ...
It is contended by counsel for respondent that the payment of the debt of the corporation by the plaintiff , in excess of that part for which he was individually liable as a stockholder , was purely voluntary , and extinguished the debt ...
Page 42
... proportion of the debts must have been paid if not paid by defendant ; and that fund was answerable for the debt . ... was entitled to contribution from the defendant to the extent of defendant's proportion of the debt paid .
... proportion of the debts must have been paid if not paid by defendant ; and that fund was answerable for the debt . ... was entitled to contribution from the defendant to the extent of defendant's proportion of the debt paid .
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Common terms and phrases
action affirmed agent agreed agreement alleged amount answer appeal application assignment authority bill cause charge Civil claim Code complaint concur constitution contract conveyed corporation counsel damages debt decision deed defendant denied determine direct district court ditch effect entered entitled error evidence exceptions execution fact filed findings follows further give given grant ground held intention interest issue judge judgment jury justice land limits matter ment mortgage motion necessary notice objection opinion owner paid parties payment person plain plaintiff pleadings possession present proceedings proper purchase question reason received record recover refused rendered respondent rule secure statement statute sufficient suit superior Supreme Court taken thereof tion tract trial trust
Popular passages
Page 308 - ... a question of fact for the jury, and not of law for the court.
Page 350 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 73 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 401 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 231 - The legislature shall direct by law in what manner and in what courts suits may be brought against the State.
Page 86 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Page 44 - ... jointly and severally liable to the corporation, and to the creditors thereof, in the event of its dissolution, to the full amount of the capital stock so divided...
Page 31 - Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.
Page 56 - Claims against a trustee by virtue of a contract or by operation of law; 5.
Page 403 - In an action to recover real property, or the possession thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof, within the time required by law ; and the occupation of the premises, by another person, is deemed to have been under and in subordination to the legal title, unless the premises have been held and possessed adversely to the legal title, for twenty years before the commencement of the action.
Bibliographic information
| Title | The Pacific Reporter, Volume 27 National reporter system: State series |
| Contributor | West Publishing Company |
| Publisher | West Publishing Company, 1892 |
| Original from | Harvard University |
| Digitized | 7 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |