The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 99Bancroft-Whitney, 1888 - Law reports, digests, etc |
Contents
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Common terms and phrases
action adverse possession agent alleged amount appellant appellee authority Bank bill cause charge cited claim complaint contract conveyance conveyed corporation Cotzhausen counsel court court of equity covenant creditors damages debt debtor deed defendant delivered demurrer entitled equity error estopped estoppel Eureka Lake Water evidence execution facts filed given granted grantor ground held homestead husband illegal indorsement injury instructions Iowa issued judge judgment jury land levy liable lien lis pendens ment mortgage negligence notice opinion owner paid party payment person plaintiff plaintiff in error possession premises principal promissory note purchaser question R. R. Co railroad company reason record recover refused REPLEVIN rule seisin sell sheriff's deed Smith sold statute statute of limitations stockholders suit sureties sustained thereof tion trial trust ultra vires valid vendor verdict void wife writ
Popular passages
Page 61 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 87 - The principle is that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains.
Page 652 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 439 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff, Under-Sheriff, or Coroners, to be executed...
Page 661 - The general rule is that the validity of a contract is to be determined by the law of the state in which it is made; if...
Page 299 - ... provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company, which shall remain after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter.
Page 343 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 630 - On the contrary, although he may be laboring under partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
Page 153 - ... in all cases where a condition of a bond, recognizance, &c., is possible at the time of the making of the condition, and, before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there, the obligation, Sic., is saved.
Page 354 - An act more effectually to provide for the punishment of certain crimes against the United States...