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Abbotts action affirming agreed agreement allowed amount answer Appeals applied assignment authority Bank Barb bill cause Chan Chancery charge claim Code Comst condition consideration contract convey corporation costs court covenant creditor damages death debt debtor deed defendant demand devise discharge dower effect entitled equity Errors evidence execution fact give given grant ground heirs Held Hill interest issue Jackson Johns judge judgment land liable limited Matter means ment mortgage motion N. Y. Superior Ct necessary notice obtained officer paid Paige party payment performance person plaintiff possession preme Ct proceedings provision purchaser received recover reference refused reversing rule Sandf Seld Smith Stat statute subsequent sufficient suit Supreme Ct taken term tion trial trust valid void Wend wife witness
Page 81 - In any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 88 - ... to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them...
Page 104 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Page 251 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 459 - The only exception to the rule is where the testator gives to the first taker an estate for life only, by certain and express words, and annexes to It a power of disposal. In that particular and special case the devisee for life will not take an estate in fee...
Page 294 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 31 - P. 249, and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 431 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.