The American and English Encyclopaedia of Law, Volume 8David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield Edward Thompson Company, 1898 - Law |
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Page 28
... liable for executing an order of the court , though the order may be bad . He is liable for taking insufficient security , if he acts neg- See ligently . Brock v . Hopkins , 5 Neb . 231 . also Graydon v . Thomas , 3 Oregon 250 . the ...
... liable for executing an order of the court , though the order may be bad . He is liable for taking insufficient security , if he acts neg- See ligently . Brock v . Hopkins , 5 Neb . 231 . also Graydon v . Thomas , 3 Oregon 250 . the ...
Page 71
... liable to the grantee for breach of that cove- nant . Lively v . Rice , 150 Mass . 171 . He Covenant Does Not Work Estoppel Against Ex- cepted Mortgage . The plaintiff mortgaged certain premises to G. to secure a note . then conveyed ...
... liable to the grantee for breach of that cove- nant . Lively v . Rice , 150 Mass . 171 . He Covenant Does Not Work Estoppel Against Ex- cepted Mortgage . The plaintiff mortgaged certain premises to G. to secure a note . then conveyed ...
Page 116
... liable to entry for the purpose of settle- ment and pre - emption . The plaintiff then , under an Act of Congress which he assisted in getting passed , bought the government title . It was held that there had been such an asser- tion of ...
... liable to entry for the purpose of settle- ment and pre - emption . The plaintiff then , under an Act of Congress which he assisted in getting passed , bought the government title . It was held that there had been such an asser- tion of ...
Page 119
... liable upon his covenant of warranty . This view has , however , been criticised by text writers , and in at least one state rejected by. 2 ―― ing any charge upon the land . Johnson v . Nyce , 17 Ohio 66 , 49 Am . Dec. 444 . See supra ...
... liable upon his covenant of warranty . This view has , however , been criticised by text writers , and in at least one state rejected by. 2 ―― ing any charge upon the land . Johnson v . Nyce , 17 Ohio 66 , 49 Am . Dec. 444 . See supra ...
Page 127
... liable for sewer assessments . It was held that though the assessment was illegal , if the grantee was liable to reassessment he could recover " the reasonable expenses paid by him to remove the incumbrance . The grantee has his action ...
... liable for sewer assessments . It was held that though the assessment was illegal , if the grantee was liable to reassessment he could recover " the reasonable expenses paid by him to remove the incumbrance . The grantee has his action ...
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Common terms and phrases
action Alabama assigns Barb bonds breach Chicago common law Conn constitute construction conveyance conveyed conviction County coupons court court of equity cove covenant against incumbrances covenant of seizin covenant of warranty covenantee covenantor creditor crime criminal criminal conversation crops crossing cumulative damages deed defendant duty easement entitled equity eviction evidence fee simple grantee grantor heirs held highway Hun N. Y. Illinois indefeasible estate injury Iowa judgment jurisdiction jury land liable lien Massachusetts ment Minn Missouri mortgage N. Y. St nant negligence North Carolina offense Ohio St owner paramount title parties Pennsylvania person plaintiff possession premises punishment purchaser quiet enjoyment railroad railroad company recover road rule S. W. Rep Smith Stat statute Supreme Ct tenant Tenn term thereof tion track Wend wife words York Cent
Popular passages
Page 479 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 254 - A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court, in its discretion, discharges the jury and directs the defendant to be tried for the crime itself.
Page 165 - ... or possession of a particular estate is affirmed in the deed, either in express terms or by necessary implication, the grantor and all persons in privity with him shall be estopped from ever afterwards denying that he was so seised and possessed at the time he made the conveyance. The estoppel works upon the estate, and binds an after-acquired title as between parties and privies.
Page 255 - Section 53, art. 4, tit. 3, c. 1, pt. 4, provided that "every person -who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by any other false pretense...
Page 254 - A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1. Death; 2. Imprisonment; 3. Fine: 4. Removal from office; or, 5. Disqualification to hold and enjoy any office of honor, trust, or profit in this state.
Page 282 - The full definition of every crime contains expressly or by implication a proposition as to a state of mind. Therefore, if the mental element of any conduct alleged to be a crime is proved to have been absent in any given case, the crime so defined is not committed; or, again, if a crime is fully defined, nothing amounts to that crime which does not satisfy that definition.
Page 82 - The legislature has declared that "no covenant shall be implied in any conveyance of real estate, whether such conveyance contain special covenants or not.
Page 481 - If the subsequent felony is such that, upon a first conviction, the offender would be punishable by imprisonment for any term less than his natural life, then such person must be sentenced to imprisonment for a term not less than the longest term, nor more than twice the longest term, prescribed upon a first conviction.
Page 278 - The distinction of public wrongs from private, of crimes and misdemeanors from civil injuries, seems principally to consist in this : that private wrongs, or civil injuries, are an infringement or privation of the civil rights which belong to individuals, considered merely as individuals ; public wrongs, or crimes and misdemeanors, are a breach and violation of public rights and duties, due to the whole community, considered as a community, in its social aggregate capacity.
Page 17 - ... nor shall any circuit or district court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.