The Pacific Reporter, Volume 48West Publishing Company, 1897 - Law reports, digests, etc |
From inside the book
Results 1-5 of 77
Page 16
... possession of the tax - deed claimant ; and such constructive possession , not having been interrupted by the actual possession of the adverse claim- ant , perfected the tax - deed title at the ex- piration of the statutory period , as ...
... possession of the tax - deed claimant ; and such constructive possession , not having been interrupted by the actual possession of the adverse claim- ant , perfected the tax - deed title at the ex- piration of the statutory period , as ...
Page 29
... possession of the defendant George W. An- drews , to whom it was executed ; and under the authority of McLean v . Webster , 45 Kan . 644 , 26 Pac . 10 , it was unnecessary for the plaintiffs to prove that it was not in his pos- session ...
... possession of the defendant George W. An- drews , to whom it was executed ; and under the authority of McLean v . Webster , 45 Kan . 644 , 26 Pac . 10 , it was unnecessary for the plaintiffs to prove that it was not in his pos- session ...
Page 30
... possession of the mortgaged property at the time the suit was instituted . Unless it had such right , the fact that it afterwards paid Thorn the full amount of his advances , and regained pos- session of the note , would not enable it ...
... possession of the mortgaged property at the time the suit was instituted . Unless it had such right , the fact that it afterwards paid Thorn the full amount of his advances , and regained pos- session of the note , would not enable it ...
Page 31
... possession of the property at the time the suit was com- menced . Being entitled to bring the suit to protect its possession at the time it was com- menced , and having subsequently taken up the note , and thereby become restored to all ...
... possession of the property at the time the suit was com- menced . Being entitled to bring the suit to protect its possession at the time it was com- menced , and having subsequently taken up the note , and thereby become restored to all ...
Page 34
... possession of a tract of land in what is known as the " Chero- kee Outlet , " to recover as upon a quantum meruit for pasturing and caring for cattle de- livered to him for that purpose by the defend- ant , where there is no showing ...
... possession of a tract of land in what is known as the " Chero- kee Outlet , " to recover as upon a quantum meruit for pasturing and caring for cattle de- livered to him for that purpose by the defend- ant , where there is no showing ...
Other editions - View all
Common terms and phrases
affirmed agreement alleged Alturas county amended amount answer Appeal from superior assignment attorney authority bank Bingham county bond cause of action claim Code Colo complaint concur constitution contest contract Coos county corporation creditors damages debt decree deed defendant demurrer denied district court entitled evidence executed fact favor fendant filed foreclosure Gallatin county held indebtedness interest issued John Mahnken Judge judgment jurisdiction jury justice land levy liability lien ment Milton Kelly mortgage motion Myrtle Point paid parties payment person petition plaintiff in error Port Townsend possession proceedings promissory note question railroad reason received record recover rendered respondent reversed Roseburg rule sheriff Silver Republican party statute suit superior court Supreme Court testimony thereof tiff tion trial court trust verdict wife witness writ
Popular passages
Page 247 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 233 - Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States...
Page 292 - Nothing herein shall be construed to exempt the real property of associations from either State, county, or municipal taxes, to the same extent, according to its value, as other real property is taxed.
Page 140 - No bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed.
Page 325 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 325 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 375 - All property in this Commonwealth is .... held subject to those general regulations which are necessary to the common good and general welfare. Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...
Page 327 - Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other^ person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that...
Page 94 - All claims founded upon the constitution of the United States or any law of congress, except for pensions, or upon any regulation of an executive department, or upon any contract express or implied with the government of the United States...
Page 193 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.