Select Cases and Other Authorities on the Law of Property, Volume 1 |
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Page 18
For the doctrine of lien is founded on the possessor ' s right to detain until the lien
is discharged . When the possession is gone , the lien is gone . The remedy of
the defendant for compensation , if he has any , is not by detaining the goods ,
nor ...
For the doctrine of lien is founded on the possessor ' s right to detain until the lien
is discharged . When the possession is gone , the lien is gone . The remedy of
the defendant for compensation , if he has any , is not by detaining the goods ,
nor ...
Page 59
But whatever importance may be attached to that ancient form of words , the
principle we lay down seems to us a necessary consequence of the enactment .
And a similar doctrine has been applied to the statute of frauds . Carrington v .
But whatever importance may be attached to that ancient form of words , the
principle we lay down seems to us a necessary consequence of the enactment .
And a similar doctrine has been applied to the statute of frauds . Carrington v .
Page 63
There is not a trace to be found in our reports of the doctrine that possession of
chattels for the statutory period of limitations for personal actions creates a title ,
and I can find no such doctrine in the English reports , or in the reports of a
majority ...
There is not a trace to be found in our reports of the doctrine that possession of
chattels for the statutory period of limitations for personal actions creates a title ,
and I can find no such doctrine in the English reports , or in the reports of a
majority ...
Page 70
... _ vested in the plaintiffs . The doctrine on this subject is stated by Blackstone as
follows : " By the Roman law , if any given corporeal substance received
afterwards an accession by in Tb 1842 sheriff Aved a pain one stood on
SILSBURY v .
... _ vested in the plaintiffs . The doctrine on this subject is stated by Blackstone as
follows : " By the Roman law , if any given corporeal substance received
afterwards an accession by in Tb 1842 sheriff Aved a pain one stood on
SILSBURY v .
Page 73
... doctrine was laid down in Brown v . Sax , 7 Cowen , 95 . The court there said : “
The rule , in case of a wrongful taking is , that the taker cannot , by any act , of his
own , acquire title , unless he either destroy the identity of the thing ; as by ...
... doctrine was laid down in Brown v . Sax , 7 Cowen , 95 . The court there said : “
The rule , in case of a wrongful taking is , that the taker cannot , by any act , of his
own , acquire title , unless he either destroy the identity of the thing ; as by ...
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Common terms and phrases
action afterwards agreed amount appears applied assignment attached authority belonged bill brought called carried cause charge chattel cited claim common common law consideration considered contract conversion court damages debt decided decision defendant delivered delivery demand deposited doctrine effect entered entitled evidence execution fact give given grain ground hands heirs held hold horse interest issue judge judgment jury Justice keep king land liable lien lord lost maintain nature opinion original owner paid party pass payment person plaintiff plea pledge possession present principle proved purchaser question reason receipts received recover refused remains Reported respect rule sell ship sold statute taken tenant term thing took tort transfer trespass trial trover true verdict whole wood writ wrong
Popular passages
Page 256 - In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, one of which being accomplished, the other two to stand void.
Page 435 - June 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 172 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Page 256 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered...
Page 728 - Upon this subject it has been provided that every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change
Page 204 - ... affinity, to expect some benefit or advantage from the continuance of the life of the assured. Otherwise the contract is a mere wager, by which the party taking the policy is directly interested in the early death of the assured. Such policies have a tendency to create a desire for the event. They are, therefore, independently of any statute on the subject, condemned, as being against public policy.
Page 430 - ... to all intents, constructions, and purposes in the law, of and in such like estates, as they had or shall have in use, trust, or confidence of or in the same...
Page 204 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Page 653 - The rule to be collected from the several cases decided on this subject seems to be this, that the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Page 413 - ... from thence next ensuing, and fully to be complete and ended, yielding and paying...