The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 27Bancroft-Whitney, 1886 |
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Common terms and phrases
action admissible admitted adverse possession agreement alleged appear applied assigned assumpsit authority bank bill bond bound by-law charge charter cited claim common law complainant contract corporation court court of chancery court of equity covenant creditors damages debt debtor decision declaration decree dedication deed defendant defendant's devise doctrine entitled equity evidence execution executor fact fraud given grant ground heirs held indictment indorser insolvent intention intestate issue judge judgment jurisdiction jury justice land lease levy liable lien matter ment mortgage notice objection opinion owner paid parol party payment person plaintiff in error plea possession principle proceedings promise proof proved proxy purchase question Res Adjudicata rule sheriff sheriff's deed Smith sold statute statute of frauds statute of limitations sufficient suit tenant testator tion trial trust verdict void vote warranty Wend wife witness words writ writ of error
Popular passages
Page 633 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 666 - No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience...
Page 421 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along.
Page 601 - The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.
Page 421 - is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate.
Page 339 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 648 - Where a contract grows immediately out of and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Page 418 - No proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Page 189 - Now they are not goods, not securities, nor documents for debts, nor are so esteemed: but are treated as money, as cash, in the ordinary course and transaction of business, by the general consent of mankind; which gives them the credit and currency of money, to all intents and purposes. They are as much money, as guineas themselves are; or any other current coin, that is used in common payments, as money or cash.
Page 735 - ... part performance. And the courts have therefore considered this as excluding agreements for lands, because it is to be inferred, that when the legislature said it should bind in the case of goods, and were silent as to the case of lands, they meant that it should not bind in the case of lands.