Select Cases and Other Authorities on the Law of Property, Volume 1Charles W. Sever and Company, 1905 - Personal property |
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Page 11
... proving his right ; and he puts ( Ex parte Chamberlain , 1 Sch . & Lef . 322 ) , as a reductio ad absurdum , a case not unlike the present . Suppose , " says he , " the case of a person having a lien on goods in his possession , and who ...
... proving his right ; and he puts ( Ex parte Chamberlain , 1 Sch . & Lef . 322 ) , as a reductio ad absurdum , a case not unlike the present . Suppose , " says he , " the case of a person having a lien on goods in his possession , and who ...
Page 12
... proved . This , therefore , in our opinion was a case in which the plaintiff could not proceed by replevin , but should have proved his prior right in trover or detinue . - - It appeared in this case that the sheriff's deputy for the ...
... proved . This , therefore , in our opinion was a case in which the plaintiff could not proceed by replevin , but should have proved his prior right in trover or detinue . - - It appeared in this case that the sheriff's deputy for the ...
Page 14
... prove property . If the taking were wrongful , this burden would lie on the defendant . The plaintiff has proved property . The defendant cannot claim a lien on the ground of freight , for no freight was earned ; and it is impossi ble ...
... prove property . If the taking were wrongful , this burden would lie on the defendant . The plaintiff has proved property . The defendant cannot claim a lien on the ground of freight , for no freight was earned ; and it is impossi ble ...
Page 20
... proved to be true ; and he thereupon took the prize . The parties filed a written stipulation that witnesses of competent experience would tes- tify that , during the whole time of memory of the oldest masters of whaling - ships , the ...
... proved to be true ; and he thereupon took the prize . The parties filed a written stipulation that witnesses of competent experience would tes- tify that , during the whole time of memory of the oldest masters of whaling - ships , the ...
Page 21
... prove a growing disposition on the part of the courts to reject local usages when they tend to control or vary an explicit contract or a fixed rule of law . Thus Story , J. , in The Reeside , 2 Sumner , 569 , says , " I own myself no ...
... prove a growing disposition on the part of the courts to reject local usages when they tend to control or vary an explicit contract or a fixed rule of law . Thus Story , J. , in The Reeside , 2 Sumner , 569 , says , " I own myself no ...
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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...