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action affirmed agent agreed agreement alleged amount appeal appellee application authority bank cause charge claim condition consideration considered Constitution contract corporation counsel damages death decree deed defendant defendant's denied determine directed district duty effect election entered entitled error evidence fact farm fendant filed further give given ground hand heirs held hold injury intention interest Iowa issue Judge judgment jurisdiction jury Key-Numbered land matter ment Michigan Minn motion negligence notice objection opinion paid parties payment person petition plaintiff present proceedings purchase question reason received record rule served side statement statute sufficient suit Supreme Court sustained taken testified testimony thereof tion trial court trust verdict wife witness
Page 15 - States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the state or territory where such land is located...
Page 251 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 330 - It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.
Page 289 - As respects one another, indorsers are liable prima facie in the order in which they indorse; but evidence is admissible to show that as between or among themselves they have agreed otherwise. Joint payees or joint indorsees who indorse are deemed to indorse jointly and severally.
Page 344 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith...
Page 374 - States, to a person who had died, or who shall hereafter die, before the date of such patent, the title to the land designated therein shall inure to, and become vested in, the heirs, devisees or assignees of such deceased patentee ; as if the patent had issued to the deceased person, during life...
Page 328 - Technical rules of evidence or procedure not required. The commission or a commissioner or deputy commissioner in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence...
Page 302 - ... a question of fact for the jury, and not of law for the court.
Page 375 - By § 2448 it is provided that "where patents for public lands have been or may be issued, in pursuance of any law of the United States, to a person who had died, or who hereafter dies, before the date of such patent, the title to the land designated therein shall inure to and become vested in the heirs, devisees or assignees of such deceased patentee as if the patent had issued to the deceased person during life.
Page 361 - It is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act.