Select Cases and Other Authorities on the Law of Property, Volume 1C. W. Sever, 1888 - Personal property |
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Page viii
... Pledge • B. Lien given by Wrong - doer , when good against True C. Loss of Lien E. Actions of Bailor against Bailee 262 281 306 334 F. Actions of Bailor against Third Persons 339 G. Actions of Bailee against Third Persons 347 3. Finding ...
... Pledge • B. Lien given by Wrong - doer , when good against True C. Loss of Lien E. Actions of Bailor against Bailee 262 281 306 334 F. Actions of Bailor against Third Persons 339 G. Actions of Bailee against Third Persons 347 3. Finding ...
Page 15
... pledges or sureties . " From a review of these and other authorities which might be added , it may appear not settled whether originally a replevy lay in case of other takings than by distress . Nor is it necessary to decide that ...
... pledges or sureties . " From a review of these and other authorities which might be added , it may appear not settled whether originally a replevy lay in case of other takings than by distress . Nor is it necessary to decide that ...
Page 16
... pledges found . But this is applicable clearly to exceptional cases only . If wherever a party asserts a right to goods in the peaceable possession of another he has an election to take them from him by a replevin , it is obvious that ...
... pledges found . But this is applicable clearly to exceptional cases only . If wherever a party asserts a right to goods in the peaceable possession of another he has an election to take them from him by a replevin , it is obvious that ...
Page 18
... pledges . 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 ...
... pledges . 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 ...
Page 42
... pledge for the expense of the lord of the franchise in keeping them the year and day . For he that takes an estray is bound , so long as he keeps it , to find it in provisions and preserve it from damage ( 1 Roll . Fundu bon To care you ...
... pledge for the expense of the lord of the franchise in keeping them the year and day . For he that takes an estray is bound , so long as he keeps it , to find it in provisions and preserve it from damage ( 1 Roll . Fundu bon To care you ...
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Common terms and phrases
action of trover aforesaid afterwards amount assignment attornment authority bailee bailment belonged bill brought carrier chattel chose in action cited claim common law Common Pleas consideration contract conveyance court court of equity creditor damages debt deed defendant defendant's delivered delivery detinue doctrine entitled equity execution executors fee simple fee tail feoffee feoffment freehold freight grant ground hath heirs held hold horse innkeeper interest issue judge judgment jury Justice king King's knight-service lease lessee liable lien lord manor mare ment opinion paid party pawnee payment person plaintiff plaintiff in error pledge possession principle purchase question reason received recover refused remainder rent replevin Reported retain rule seised seisin sheriff socage sold special property statute taken tenant in tail tenements tenure term thereof thing timber tion tree trespass trover trust verdict void warranty waste wheat writ wrongful
Popular passages
Page 255 - 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 433 - 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 170 - ... 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 255 - 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 726 - 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 202 - ... 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 428 - ... 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 202 - 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 651 - 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...