Select Cases and Other Authorities on the Law of Property, Volume 1 |
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Page 17
This was a replevin for 631 barrels of flour , tried before the Chief erdid to Justice
, at Visi Prius , in November , 1817 , when the jury found a ver . Ulr tu dict for the
plaintiff , subject to the opinion of the court in banc on a l l point reserved .
This was a replevin for 631 barrels of flour , tried before the Chief erdid to Justice
, at Visi Prius , in November , 1817 , when the jury found a ver . Ulr tu dict for the
plaintiff , subject to the opinion of the court in banc on a l l point reserved .
Page 18
In the action the jury could not award damages to the defendant . The taking here
not being tortious , the plaintiff must prove property . If the taking were wrongful ,
this burden would lie on the defendant . The plaintiff has proved property .
In the action the jury could not award damages to the defendant . The taking here
not being tortious , the plaintiff must prove property . If the taking were wrongful ,
this burden would lie on the defendant . The plaintiff has proved property .
Page 22
... from passing through the opening ; and that at this time the defendant rowed
his boat up to the opening , and the disturbance , and taking of the fish ,
complained of , took place . The learned Serjeant left to the jury the question of
fact whether ...
... from passing through the opening ; and that at this time the defendant rowed
his boat up to the opening , and the disturbance , and taking of the fish ,
complained of , took place . The learned Serjeant left to the jury the question of
fact whether ...
Page 35
... or by the book of customes , or by testimony of honest men , then the owner
may have such commission or bring his action at the common law , and prove it
by the verdict of a jury ; and if the commission be awarded , or the action be
brought ...
... or by the book of customes , or by testimony of honest men , then the owner
may have such commission or bring his action at the common law , and prove it
by the verdict of a jury ; and if the commission be awarded , or the action be
brought ...
Page 36
... H . 7 , 34 , b , was cited , where the case is , that in trespass the defendant
justified as to one thing , and pleaded not guilty to another , and they were at
issue , and the jury inquired of one thing only , and taxed the damages for both
entirely .
... H . 7 , 34 , b , was cited , where the case is , that in trespass the defendant
justified as to one thing , and pleaded not guilty to another , and they were at
issue , and the jury inquired of one thing only , and taxed the damages for both
entirely .
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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...
Bibliographic information
| Title | Select Cases and Other Authorities on the Law of Property, Volume 1 Issues 10206-10259 of 19th-century legal treatises Select Cases and Other Authorities on the Law of Property, John Chipman Gray |
| Author | John Chipman Gray |
| Publisher | C. W. Sever, 1888 |
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