Massachusetts Reports, Volume 125H.O. Houghton and Company, 1879 - Law reports, digests, etc |
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Results 1-5 of 86
Page 1
... fact that , when the road is constructed , suitable provision is made for the owner to cross and recross the location from one part of his remaining land to the other , and for the drainage and flowage of the part of his land which is ...
... fact that , when the road is constructed , suitable provision is made for the owner to cross and recross the location from one part of his remaining land to the other , and for the drainage and flowage of the part of his land which is ...
Page 5
... fact that the respondent had used these privileges cannot be availed of to diminish his claim for damages , or to change the rule which al- lows him interest for the detention of the money . Such use was merely permissive and subject to ...
... fact that the respondent had used these privileges cannot be availed of to diminish his claim for damages , or to change the rule which al- lows him interest for the detention of the money . Such use was merely permissive and subject to ...
Page 24
... fact , and the only ques- tion before us is whether , as matter of law , the evidence intro- duced justified a ... facts , the plaintiff was entitled to a decree , subject , of course 24 JULY , 1878 .
... fact , and the only ques- tion before us is whether , as matter of law , the evidence intro- duced justified a ... facts , the plaintiff was entitled to a decree , subject , of course 24 JULY , 1878 .
Page 26
... fact or deed recited , which would not be admissible against objection , is not to be taken as admitted . When any party would be bound by the rules of law , by estoppel or re- butter , the same are to apply in the determination of this ...
... fact or deed recited , which would not be admissible against objection , is not to be taken as admitted . When any party would be bound by the rules of law , by estoppel or re- butter , the same are to apply in the determination of this ...
Page 31
... fact arising . The master , in his report , finds that the actual debt of Ebenezer Newton , secured by the mort- gage , was on April 1 , 1875 , much less than the face of the mort- gage note , and that the amount so ascertained is due ...
... fact arising . The master , in his report , finds that the actual debt of Ebenezer Newton , secured by the mort- gage , was on April 1 , 1875 , much less than the face of the mort- gage note , and that the amount so ascertained is due ...
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Common terms and phrases
absent action agreement alleged exceptions Allen amount appeared assignment attached authority bank bill of exceptions bond Boston Boxford certificate charge chose in action claim Commonwealth Company contended contract corporation count court of equity creditor Cush damages debt debtor declaration decree deed defendant defendant's easement ENDICOTT entitled Ephraim Foster equity evidence tending Exceptions overruled execution executor fact fendant fraud George W Gray held highway Hinckley husband injury instructed the jury intent judgment July 29 K. P. Gleason lease liable LORD March 29 Mass ment mortgage Mountford officer owner paid parties payment person petitioners plaintiff premises promissory note purchase purpose question rail Railroad real estate received recover rent replevin returned a verdict Rogers Salisbury Mills shares sold statute Suffolk suit Superior Court tending to show testator testified thereof tiff tion tort town trial trust writ
Popular passages
Page 415 - In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
Page 240 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 463 - The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board of assessors, should such board be appointed, as a full, perfect, and final settlement of all the claims hereinbefore referred to; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board shall, from and after the conclusion of the proceedings of the tribunal or board,...
Page 190 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 303 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Page 408 - Act, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day...
Page 463 - Alabama claims. And whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries to express in a friendly spirit the regret felt by Her Majesty's Government for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels.
Page 360 - Payment well and truly to be made, we bind ourselves, and each of us, our, and each of our Heirs, Executors and Administrators jointly and severally, firmly by these Presents.
Page 601 - ... which hope we have as an anchor of the soul both sure and steadfast, and which entereth into that within the veil...
Page 200 - J., who allowed a bill of exceptions in substance as follows : The defendant...