An Essay on Marketable Or Doubtful Titles to Real EstateJ. S. Littell, 1838 - 334 páginas |
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Página 2
... direct an issue for the determination of a matter of fact ; nor can it , without such application or consent , direct a case or an action for the purpose of satisfying itself on a point of [ * 6 law ( c ) . * Hence , if any doubts arise ...
... direct an issue for the determination of a matter of fact ; nor can it , without such application or consent , direct a case or an action for the purpose of satisfying itself on a point of [ * 6 law ( c ) . * Hence , if any doubts arise ...
Página 3
... direct a case without consent for the purpose of informing his conscience , he has power to call in the judges to give him their opinion as assessors ; but what they say is merely opinion and advice , and no way binding upon him . This ...
... direct a case without consent for the purpose of informing his conscience , he has power to call in the judges to give him their opinion as assessors ; but what they say is merely opinion and advice , and no way binding upon him . This ...
Página 4
... direct a new trial merely because the judge who tried the issue , miscarried in his direction , or evi- dence was rejected which ought to have been omitted , or vice versa . The leading cases are , Stace v . Mabbott , 2 Ves . sen . 552 ...
... direct a new trial merely because the judge who tried the issue , miscarried in his direction , or evi- dence was rejected which ought to have been omitted , or vice versa . The leading cases are , Stace v . Mabbott , 2 Ves . sen . 552 ...
Página 21
... direct an issue or a reference to the master to ascertain the damages . That is purely at law . It has no resemblance to compensation . " And afterwards on giving judgment : " My opinion upon the question is con- firmed by reflection ...
... direct an issue or a reference to the master to ascertain the damages . That is purely at law . It has no resemblance to compensation . " And afterwards on giving judgment : " My opinion upon the question is con- firmed by reflection ...
Página 33
... direct opposition to the Statute of Frauds , but also upon the general rule of evidence , independent of the statute that a written instru- ment must speak for itself , and can receive no aid from ex- trinsic evidence of this more loose ...
... direct opposition to the Statute of Frauds , but also upon the general rule of evidence , independent of the statute that a written instru- ment must speak for itself , and can receive no aid from ex- trinsic evidence of this more loose ...
Otras ediciones - Ver todas
An Essay on Marketable Or Doubtful Titles to Real Estate (Classic Reprint) Solomon Atkinson Sin vista previa disponible - 2017 |
An Essay on Marketable Or Doubtful Titles to Real Estate (Classic Reprint) Solomon Atkinson Sin vista previa disponible - 2017 |
Essay of Marketable Or Doubtful Titles to Real Estate Solomon Atkinson Sin vista previa disponible - 2011 |
Términos y frases comunes
abstract acres adverse possession adverting agreement alleged annuities answer appears applied assignment bargain bill Chancellor chaser circumstances claim clearly compel confirmed consequence consideration considered contingency contract convey conveyance costs Court of Chancery court of equity covenant debt decision decree deed defendant discharge doctrine doubt effect enforce entitled evidence executed executors fact fee simple filed fraud give grant ground heir held House of Lords interest judgment land Leach lease legal estate lien Lord Chancellor Lord Eldon Lord Redesdale Lord Thurlow Lordship Madd Master ment mortgage objection observed open the biddings opinion paid parol party payment person plaintiff possession premises presumed presumption principle purchase-money purchaser question reason reference refused rents reversionary rule Russ seems sell sold solicitor specific performance statute Statute of Frauds sufficient suit Swanst tenant term tion tithes transaction trustees vendor waived
Pasajes populares
Página 23 - ... or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Página 317 - ... (that is to say,) the period during which two persons in succession shall have held the office or benefice in respect whereof such land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and...
Página 60 - These contracts are merely upon condition frequently expressed, but always implied, that the vendor has a good title. If he has not, the return of the deposit, with interest and costs, is all that can be expected.
Página 195 - Every proprietor, who claims a right either to throw the water back above or to diminish the quantity of water which Is to descend below, must, in order to maintain his claim, either prove an actual grant or license from the proprietors affected by his operations, or must prove an uninterrupted enjoyment of twenty years...
Página 78 - But, farther, unless the inadequacy of price is such as shocks the conscience, and amounts in itself to conclusive and decisive evidence of fraud in the transaction, it is not itself a sufficient ground for refusing a specific performance...
Página 317 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Página 195 - ... been actually taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty years...
Página 275 - If a party dealing with an executor for the personal " assets pays his money to the executor, so that it may be " applied to the purposes of the will, he is not responsible " for the executor's misapplication of it ; but if in dealing " with the executor, he does in truth pay his money for " the private purposes of the executor, he is equally a party " to the breach of trust, whether he applies his money to " the private debt of the executor, or to the private trade
Página 318 - Right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done...
Página 28 - Now it has alLJ ways been considered that the payment of money is not to be deemed part performance to take the case out of the statute. Seagood v. Meale(u,) is the leading case on that subject; there a guinea was paid by way of earnest, and it was agreed clearly that, that was of no consequence in case of an agreement touching...