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Reports of Cases in Law and Equity in the Supreme Court of the State of New York
Oliver Lorenzo Barbour
Uten tilgangsbegrensning - 1860
action ademption adverse possession affidavit agent alledged amount apply assessment assignment authority bill bonds and mortgages Bullions chancellor charge charity chose in action church claim common law comptroller congregation constitution contract conveyance conveyed corporation court court of chancery court of equity covenant Cowen creditors declared deed defendant defendant's counsel delivered devise Duke of Cumberland entitled equity evidence execution fact fendant given grantee Guiteau heirs held indictment indorsed intended John John McDougall judge judgment jury justice land legislature liable McGillis ment mortgage New-York notice objection owner paid Paige parties payment person plaintiff possession premises Presbytery proceedings proof proved purchase purpose question real estate received recover referred rent revised statutes rule sheriff sold Steuben county suit Synod taxes term testator thereof tion trial trust vested void Wend wheat wife witness writ of right
Side 296 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Side 448 - The act of 1833 introduced an additional feature into the law, by providing that every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Side 448 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things sold or assigned, shall be presumed to be fraudulent and void as against the creditors of the vendor...
Side 344 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Side 367 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Side 294 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises...
Side 547 - The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive taxation.
Side 84 - ... of real or personal estate, and whether the same shall have been given, granted or devised directly to such church, congregation or society, or to any other person for their use...
Side 543 - If a decision has been made upon solemn argument and mature deliberation, the presumption is in favor of its correctness; and the community have a right to regard it as a just declaration or exposition of the law, and to regulate their actions and contracts by it.
Side 245 - A THIRD species of implied assumpsits is when one has had and received money belonging to another, without any valuable consideration given on the receiver's part : for the law construes this to be money had and received for the use of the owner only ; and implies that the person so receiving promised and undertook to account for it to the true proprietor.