Select Cases and Other Authorities on the Law of Property, Volume 1Charles W. Sever and Company, 1905 - Personal property |
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Page 9
... action . " Upon these facts the learned judge directed a verdict for the plaintiff , with leave to move to enter a verdict for the defendant , or a nonsuit if under such circumstances replevin did not lie . Montague Smith , in the ...
... action . " Upon these facts the learned judge directed a verdict for the plaintiff , with leave to move to enter a verdict for the defendant , or a nonsuit if under such circumstances replevin did not lie . Montague Smith , in the ...
Page 13
... action was in the plaintiff . Chauncey and Ingersoll for the defendant . J. R. Ingersoll , contra . DUNCAN , J. However the law may be in England as to the action of replevin , whether it only lies in case of distress , as is held by ...
... action was in the plaintiff . Chauncey and Ingersoll for the defendant . J. R. Ingersoll , contra . DUNCAN , J. However the law may be in England as to the action of replevin , whether it only lies in case of distress , as is held by ...
Page 14
... action for recovery of freight , but an action for the recovery of damages for not being suffered to carry it.1 New trial refused . SECTION II . BILL IN EQUITY . SOMERSET v . COOKSON . IN CHANCERY , BEFORE LORD TALBOT , C. 1735 ...
... action for recovery of freight , but an action for the recovery of damages for not being suffered to carry it.1 New trial refused . SECTION II . BILL IN EQUITY . SOMERSET v . COOKSON . IN CHANCERY , BEFORE LORD TALBOT , C. 1735 ...
Page 36
... action of detinue or trover for the slaves , against Sledge , the executor , the six years statute , if pleaded , would have barred either action , not only as to the slaves bequeathed by the will , but also as to the offspring of the ...
... action of detinue or trover for the slaves , against Sledge , the executor , the six years statute , if pleaded , would have barred either action , not only as to the slaves bequeathed by the will , but also as to the offspring of the ...
Page 39
... action by the plaintiff against Chism , if the slave had been in his possession , they can have no effect upon the title of Garrett , or of the defendant derived from him . For aught that is alleged , Garrett had no connection with the ...
... action by the plaintiff against Chism , if the slave had been in his possession , they can have no effect upon the title of Garrett , or of the defendant derived from him . For aught that is alleged , Garrett had no connection with the ...
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Common terms and phrases
action of trover afterwards agister agreement annexed appears assigned attornment authority bailee bailment bailor belonged bill brought carrier chattel cited claim common law contract conversion court custom damages debt decision deed defendant defendant's delivered delivery detinue doctrine emblements entitled erected evidence execution executor facts favor fee simple feoffee feoffment fixtures freehold gift grant ground hath heirs held horse innkeeper issue judge judgment jury Justice knight-service labor land lease lessee lessor lien logs Lord Lord Ellenborough lumber maintain mill mortgage opinion paid parties pass pawnee payment personal property plaintiff plaintiffs in error plea pledge possession premises principle purchaser purpose question realty reason received recover remained remove rent replevin Reported rule seised seisin sell sheriff socage sold special property statute taken tenant tenements tenure term thing timber tion trespass trial trover true owner verdict wheat writ wrong wrongdoer
Popular passages
Page 374 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 650 - Cartwright and her assigns for and during the term of her natural life, and from and immediately after her decease to...
Page 547 - The common law of England is not to be taken, in all respects, to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their condition.
Page 334 - ... the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed, so that they to whom the land was given under such condition shall have no power to aliene the land so given, but that it shall remain unto the issue of them to whom it was given after their death, or shall revert unto the giver or his heirs if issue fail, either by reason that there is no issue at all, or if any issue be, it fail by death, the heir of such issue failing.
Page 47 - But our law, to guard against fraud, gives the entire property, without any account, to him whose original dominion is invaded, and endeavored to be rendered uncertain without his own consent.
Page 369 - That where any person or persons stand or be seised, or at any time hereafter shall happen to be seised, of and in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person or persons...
Page 440 - ... that they were so intended lying on those who assert that they have ceased to be chattels; and that, on the contrary, an article which is affixed to the land, even slightly, is to be considered...
Page 441 - The only question therefore is, whether the machines when fixed were parcel of the freehold; and this is a question of fact, depending on the circumstances of each case, and principally on two considerations; first, the mode of annexation to the soil or fabric of the house, and the extent to which it is united to them, whether it can easily be removed integre, salve, et commode, or not, without injury to itself or the fabric of the building...
Page 546 - The general rule of the common law certainly is that whatever is once annexed to the freehold becomes part of it, and cannot afterward be removed, except by him who is entitled to the inheritance.
Page 264 - Trial in the Superior Court, without -a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows : The...