Select Cases and Other Authorities on the Law of Property, Volume 1Charles W. Sever and Company, 1905 - Personal property |
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Page 39
... agreement between the plaintiff and his son for an assignment of the lease to the latter upon certain conditions ; the conditions , however , were not performed , and the son never became entitled to have an assignment of the lease made ...
... agreement between the plaintiff and his son for an assignment of the lease to the latter upon certain conditions ; the conditions , however , were not performed , and the son never became entitled to have an assignment of the lease made ...
Page 66
... agreement , and mistakes the parcel . In such cases , which may be deemed accidental intermixtures , it would be unreasonable and unjust that he should lose his own or be obliged to take and pay for his neigh- bor's , as he would have ...
... agreement , and mistakes the parcel . In such cases , which may be deemed accidental intermixtures , it would be unreasonable and unjust that he should lose his own or be obliged to take and pay for his neigh- bor's , as he would have ...
Page 76
... agreement . " But " when once we arrive at the fact that an inadvertence has been the cause of the misfortune , then the simple course is to make every just allowance for outlay on the part of the person who has so acquired the property ...
... agreement . " But " when once we arrive at the fact that an inadvertence has been the cause of the misfortune , then the simple course is to make every just allowance for outlay on the part of the person who has so acquired the property ...
Page 78
... agreement with him to deliver wheat at his mill , and he agreed that for every 4 bushels and 55 pounds of wheat which should be received , he would deliver the plaintiffs one bar- rel of superfine flour , warranted to bear inspection in ...
... agreement with him to deliver wheat at his mill , and he agreed that for every 4 bushels and 55 pounds of wheat which should be received , he would deliver the plaintiffs one bar- rel of superfine flour , warranted to bear inspection in ...
Page 81
... agreement that when the receipts were presented the defendant would either pay the market price therefor or re - deliver the wheat or other wheat equal in amount and quality ; then , if the jury should further find that the wheat thus ...
... agreement that when the receipts were presented the defendant would either pay the market price therefor or re - deliver the wheat or other wheat equal in amount and quality ; then , if the jury should further find that the wheat thus ...
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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...