Select Cases and Other Authorities on the Law of Property, Volume 1 |
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Page 12
... demanded them ; but the defendant refused to deliver them unless his debt
were paid : whereupon the plaintiff proceeded to replevy the goods , and so
brought the present action . ” Upon these facts the learned judge directed a
verdict for ...
... demanded them ; but the defendant refused to deliver them unless his debt
were paid : whereupon the plaintiff proceeded to replevy the goods , and so
brought the present action . ” Upon these facts the learned judge directed a
verdict for ...
Page 15
322 ) , as a reductio ad absurdum , a case not unlike the present . “ Suppose , ”
says he , “ the case of a person having a lien on goods in his possession , and
who insists on being paid before he delivers them up : I do not see , on the ...
322 ) , as a reductio ad absurdum , a case not unlike the present . “ Suppose , ”
says he , “ the case of a person having a lien on goods in his possession , and
who insists on being paid before he delivers them up : I do not see , on the ...
Page 20
In this chapter are considered the cases in which the chattel in question either
had no former owner , or in which , if it had a former owner , the present claimant
does not derive his title from him . SECTION 1 . CHATTELS HAVING NO
FORMER ...
In this chapter are considered the cases in which the chattel in question either
had no former owner , or in which , if it had a former owner , the present claimant
does not derive his title from him . SECTION 1 . CHATTELS HAVING NO
FORMER ...
Page 66
In the present case the rule was taken to be absolute , and without the deduction .
We are of opinion that the rule in Martin v . Porter , 5 M . & W . 351 , is correct ,
and properly applicable to the present case . The jury must give compensation for
...
In the present case the rule was taken to be absolute , and without the deduction .
We are of opinion that the rule in Martin v . Porter , 5 M . & W . 351 , is correct ,
and properly applicable to the present case . The jury must give compensation for
...
Page 73
In the present case , the nature and species of the commodity was entirely
changed and its identity destroyed ; as effectually , it seems to me , as by 6
making wine , oil , or bread , out of another ' s grapes , olives , or wheat . ” I think
the circuit ...
In the present case , the nature and species of the commodity was entirely
changed and its identity destroyed ; as effectually , it seems to me , as by 6
making wine , oil , or bread , out of another ' s grapes , olives , or wheat . ” I think
the circuit ...
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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...