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Reports of Cases in Law and Equity in the Supreme Court of the State of New York
Oliver Lorenzo Barbour
Visualização completa - 1860
according action agent amount answer appeared application assessment assignment Associate authority benefit bill building Bullions called cause charge church claim collect common condition congregation consideration constitution contained contract conveyance conveyed corporation counsel court decided deed defendant defendant's delivered demand devise directed effect entitled equity evidence excepted execution fact give given granted ground held intended interest issue John judge judgment jury justice land legislature liable matter mortgage necessary notice objection opinion owner paid parties passed payment person plaintiff possession premises present principles proceedings proof proved provisions purchase question reason received recover referred refused relation rent rule says sell society sold statute sufficient suit taken term thereof tion trial trust unless valid void Wend wife witness
Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 294 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises...
Página 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.
Página 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...
Página 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.
Página 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.