Federal Decisions: Cases Argued and Determined in the Supreme, Circuit and District Courts of the United States, Volume 9Gilbert Book Company, 1885 |
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Página 28
... cause , it is hardly equitable to indulge in , beyond what is absolutely necessary on legal principles , and it is not to be encouraged . 19 Ves . Jr. , 296 . If a bond and mortgage are executed for a debt due , though not known to the ...
... cause , it is hardly equitable to indulge in , beyond what is absolutely necessary on legal principles , and it is not to be encouraged . 19 Ves . Jr. , 296 . If a bond and mortgage are executed for a debt due , though not known to the ...
Página 85
... cause as if it involved the question whether the English doctrine of equitable mortgages , arising from the mere deposit of title deeds , prevails in the state of Nebraska . It may be admitted , for the pur- poses of this case , that ...
... cause as if it involved the question whether the English doctrine of equitable mortgages , arising from the mere deposit of title deeds , prevails in the state of Nebraska . It may be admitted , for the pur- poses of this case , that ...
Página 95
... cause intimating a proposition to borrow money or to mortgage property . No expression is proved to have ever fallen from Robert Alexander , before or after the transaction , respecting a loan or a mort- gage . He does not appear to ...
... cause intimating a proposition to borrow money or to mortgage property . No expression is proved to have ever fallen from Robert Alexander , before or after the transaction , respecting a loan or a mort- gage . He does not appear to ...
Página 96
... cause . But the testi- mony on this point is too uncertain and conflicting to prevail against the strong proof of intending a sale and purchase , which was stated . The sales made by Mr. Dick and Mr. Hartshorne of lots for building ...
... cause . But the testi- mony on this point is too uncertain and conflicting to prevail against the strong proof of intending a sale and purchase , which was stated . The sales made by Mr. Dick and Mr. Hartshorne of lots for building ...
Página 97
... cause of action . Complainant was , at the time of the alleged agreement , cashier in a bank in Detroit , and Peter was a lumber dealer in Toledo . $ 458 . Circumstances under which a deed absolute on its face was held not to be an ...
... cause of action . Complainant was , at the time of the alleged agreement , cashier in a bank in Detroit , and Peter was a lumber dealer in Toledo . $ 458 . Circumstances under which a deed absolute on its face was held not to be an ...
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Federal Decisions: Cases argued and determined in the supreme ..., Volume 9 Visualização completa - 1885 |
Termos e frases comuns
absolute agreement alleged amount answer appears appointed assignment authority bank bill bondholders certificates Circuit Court claim complainant consideration contract conveyance conveyed corporation coupons court of chancery court of equity covenant creditors decree deed of trust default defendant entitled equity of redemption evidence executed feme covert filed foreclose foreclosure fraud fund gage grant grantor held holders Ibid incumbrances intended interest issued Jonathan Arnold judgment land lien loan Logansport ment mort mortgage bonds mortgage debt mortgaged premises mortgaged property mortgagor necessary notice opinion paid parties payable plaintiff possession principal prior proceedings proceeds purchaser purpose question railroad company receiver record redeem rents and profits right of redemption road rolling stock rule second mortgage sell sold Southard STATEMENT OF FACTS statute statute of frauds subsequent suit thereof tion transaction trust deed trustees valid void
Passagens mais conhecidas
Página 668 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Página 562 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Página 244 - ... shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon...
Página 78 - It is common learning in the law that parol evidence is admissible to show that a deed absolute on its face is a mortgage, to establish a resulting trust, to show that a written contract was without consideration...
Página 321 - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein...
Página 342 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Página 147 - And the said party of the second part, in consideration of the leasing of the premises aforesaid, by the said party of the first part, to the said party of the second part...
Página 344 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose...
Página 544 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this state, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the general assembly shall pass no law exempting any such property from execution and sale.
Página 675 - We have no doubt that when a court of chancery is asked by railroad mortgagees to appoint a receiver of railroad property, pending proceedings for foreclosure, the court, in the exercise of a sound judicial discretion, may, as a condition of issuing the necessary order, impose such terms in reference to the payment from the income during the receivership of outstanding debts for labor, supplies, equipment, or permanent improvement of the mortgaged property as may, under the circumstances of the particular...