The American and English Encyclopedia of Law, Volume 26John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1894 - Law |
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Page 22
... evidence to prove ownership . " Possession , per se , evidences no more than the mere fact of present occupa- tion by right . Undoubtedly , if a person be found in possession of land , claiming it as his own in fee , it is prima facie ...
... evidence to prove ownership . " Possession , per se , evidences no more than the mere fact of present occupa- tion by right . Undoubtedly , if a person be found in possession of land , claiming it as his own in fee , it is prima facie ...
Page 23
... evidence against the party making the declara- tion , and all persons in privity with him , or claiming under him , it is com- petent . But the adjudicated cases go somewhat further , and hold that his declaration in disparagement of ...
... evidence against the party making the declara- tion , and all persons in privity with him , or claiming under him , it is com- petent . But the adjudicated cases go somewhat further , and hold that his declaration in disparagement of ...
Page 27
... evidence of title . There is nothing rebut it . The defendants show no pretense of title under which to justify their subsequent entry . possession of the plaintiff then and the evidence of title which it furnishes stands wholly ...
... evidence of title . There is nothing rebut it . The defendants show no pretense of title under which to justify their subsequent entry . possession of the plaintiff then and the evidence of title which it furnishes stands wholly ...
Page 28
... Evidence of Title- ( a. the goods under a claim of title is suf- ficient evidence of property as against one who shows no better right . See Greenl . on Ev . , par . 67. So in Putnam 7. Lewis , 133 Mass . 269 , in an action for ...
... Evidence of Title- ( a. the goods under a claim of title is suf- ficient evidence of property as against one who shows no better right . See Greenl . on Ev . , par . 67. So in Putnam 7. Lewis , 133 Mass . 269 , in an action for ...
Page 29
... Evidence of Title- ( a ) Generally . A conclusive reason against the treatment of possession as giving incomplete right of ownership is that it can have no fixed character as such . As a foundation for ownership , possession can be ...
... Evidence of Title- ( a ) Generally . A conclusive reason against the treatment of possession as giving incomplete right of ownership is that it can have no fixed character as such . As a foundation for ownership , possession can be ...
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Common terms and phrases
acquired action adopted adverse possession Amoskeag Apollinaris Water applied assignment authority Blatchf bonds civil township claim color of title common law complainant Conn Connecticut Gen constitute contract corporation court court of equity damages deceive defect defendant device election entitled equity exclusive right fact fendant firm fraud held highway Hun N. Y. imitation infringement injunction was granted injury Iowa L. J. Ch label land liable manufac manufacture mark Mass ment Minn municipal N. Y. Supp officers old firm ordinance origin owner ownership particular party patent person plaintiff possession protection purchaser purpose restrain rule seisin selectmen sell Singer Mfg sold Stat statute Supreme Ct thereof tiff tion Tontine tort towage town township trade treaty trespass trustees valid trade-mark words
Popular passages
Page 546 - ... and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases.
Page 533 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 547 - By the Constitution a treaty is placed on the same footing, and made of like obligation, with an act of legislation. Both are declared by that instrument to be the supreme law of the land, and no superior efficacy is given to either over the other. When the two relate to the same subject, the courts will always endeavor to construe them so as to give effect to both, if that can be done without violating the language of either; but if the two are inconsistent, the one last in date will control the...
Page 490 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 366 - That nothing in this act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions of this act had not been passed.
Page 250 - The learned judge, after saying that "the office of a trade-mark is to point out distinctively the origin or ownership of the article to which it is affixed, or, in other words, to give notice who was the producer...
Page 467 - But when the trade-mark is affixed to articles manufactured at a particular establishment, and acquires a special reputation in connection with the place of manufacture, and that establishment is transferred either by contract or operation of law to others, the right to the use of the trade-mark may be lawfully transferred with it. "Its subsequent use by the person to whom the establishment is transferred, is considered as only indicating that the goods to which it is affixed are manufactured at...
Page 545 - It is the declared will of the people of the United States that every treaty made by the authority of the United States shall be superior to the Constitution and laws of any individual State, and their will alone is to decide. If a law of a State contrary to a treaty is not void, but voidable only, by a repeal or nullification by a State legislature, this certain consequence follows. — that the will of a small part of the United States may control or defeat the will of the whole.
Page 367 - ... and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs.
Page 418 - Similarity, not identity, is the usual recourse when one party seeks to benefit himself by the good name of another. What similarity is sufficient to effect the object has to be determined in each case by its own circumstances. We may say, generally, that a similarity which would be likely to deceive or mislead an ordinary unsuspecting customer is obnoxious to the law.