A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 9Cummings, Hilliard & Company, 1829 - Law |
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Page 8
... parol evidence than the English and our law does ; 3. It requires many more contracts to be registered than our laws do ; 4. There are numerous guards against frauds and cheatings in the contracts and dealings of men , not found in our ...
... parol evidence than the English and our law does ; 3. It requires many more contracts to be registered than our laws do ; 4. There are numerous guards against frauds and cheatings in the contracts and dealings of men , not found in our ...
Page 12
... parol to sell the land to A for a certain sum , the contract is void , and the sum not recoverable : 1. There is no consideration : 2. The case is within the statute of frauds . As to void in part , the court cited Lord Lexington v ...
... parol to sell the land to A for a certain sum , the contract is void , and the sum not recoverable : 1. There is no consideration : 2. The case is within the statute of frauds . As to void in part , the court cited Lord Lexington v ...
Page 27
... parol evidence admitted to impeach evidence under 4 Rand . 368– seal , on the ground of fraud , in pari delicto does not apply when 383.- the policy of the law requires that a fraudulent or vicious con- veyance be enforced . Hence ...
... parol evidence admitted to impeach evidence under 4 Rand . 368– seal , on the ground of fraud , in pari delicto does not apply when 383.- the policy of the law requires that a fraudulent or vicious con- veyance be enforced . Hence ...
Page 30
... parol , executes a bond in his principal's name , and afterwards he is duly constituted by letter of attorney , dated before the bond ; this is a subsequent ratifi- cation , and makes the bond valid . § 18. Covenant on a deed . Held ...
... parol , executes a bond in his principal's name , and afterwards he is duly constituted by letter of attorney , dated before the bond ; this is a subsequent ratifi- cation , and makes the bond valid . § 18. Covenant on a deed . Held ...
Page 33
... Parol evidence was given to show , that in fact part of the purchase money had not been paid , but that it was agreed by parol be- tween the parties when the deed was executed , that part of the purchase money should be retained by the ...
... Parol evidence was given to show , that in fact part of the purchase money had not been paid , but that it was agreed by parol be- tween the parties when the deed was executed , that part of the purchase money should be retained by the ...
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Common terms and phrases
16 Mass 19 Johns act of congress action adverse possession appear assignment Assumpsit bail bank bill bond certiorari chancery CHAPTER cited claim common law compact constitution contract count court of equity covenant Cowen creditor Cres damages debt debtor decided declaration decree deed deft deft's demurrer discharge dower endorser equity error evidence execution executor fact federal fraud grant Greenl heirs Held indictment insolvent interest intestate issue judge judgment jurisdiction jury land legislature liable lien Massachusetts Mc Cord ment mortgage N. H. Rep non est factum notice Nott owner paid parol party payment person Pick plea pleaded plt's possession principle promise prove purchase Rand recover rent replevin scire facias Sect seisin sell Serg sheriff sold South Carolina statute sued supreme court surety tenant testator thereof tion town trespass trial trustee United usury verdict Virginia void Wheat witness writ
Popular passages
Page 855 - ... in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are the parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights, and liberties appertaining to them...
Page 858 - The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be, by them expressly delegated to the United States of America, in Congress assembled.
Page 48 - States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall non-resident proprietors be taxed higher than residents.
Page 48 - The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto.
Page 48 - The inhabitants and settlers in the said territory, shall be subject to pay a part of the federal debts contracted, or to be contracted, and a proportional part of the expenses of government, to be apportioned on them, by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states...
Page 318 - ... not having at the time of such conveyance or assurance to them made, any manner of notice or knowledge of such covin, fraud or collusion as is aforesaid ; any thing before mentioned to the contrary hereof notwithstanding.
Page 294 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 41 - Sir, the people have not trusted their safety, in regard to the general Constitution, to these hands. They have required other security, and taken other bonds. They have chosen to trust themselves, first, to the plain words of the instrument, and to such construction as the Government...
Page 572 - State and federal judiciary, have had the same under their consideration, and are of opinion that a tribunal is already provided by the constitution of the United States, to wit : The Supreme Court, more eminently qualified, from their habits and duties, from the mode of their selection, and from the tenure of their offices, to decide the disputes aforesaid in an enlightened and impartial manner, than any other tribunal which could be created.
Page 428 - ... to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all state courts having competent jurisdiction, and in any circuit court of the United States...