The American and English Encyclopedia of Law, Volume 13John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1890 - Law |
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Page 127
... acceptance becomes personally liable , on the principle of election , for the full amount of the charge , although exceeding the value of the land , 1 the only difference being that in the. liable personally or as a trustee for a ...
... acceptance becomes personally liable , on the principle of election , for the full amount of the charge , although exceeding the value of the land , 1 the only difference being that in the. liable personally or as a trustee for a ...
Page 130
... acceptance of the devise . ' EARL , J. , in Brown Knapp , 79 N. Y. 136 . v . In Pennsylvania , the remedy would be either by petition in orphans court to charge the land , or by common law action against the devisee . Pope's Estate , 4 ...
... acceptance of the devise . ' EARL , J. , in Brown Knapp , 79 N. Y. 136 . v . In Pennsylvania , the remedy would be either by petition in orphans court to charge the land , or by common law action against the devisee . Pope's Estate , 4 ...
Page 140
... acceptance of a legacy under the will does not prevent him from claiming commissions , unless put to his election by the instrument . See EXECUTORS AND ADMINISTRATORS , § XVII , p . 439 . On the other hand , it would seem clear upon ...
... acceptance of a legacy under the will does not prevent him from claiming commissions , unless put to his election by the instrument . See EXECUTORS AND ADMINISTRATORS , § XVII , p . 439 . On the other hand , it would seem clear upon ...
Page 170
... acceptance of the devise . From the time of acceptance , where no clog or condition is imposed upon the possession or enjoyment of the land devised , the devisee's title takes effect . He is entitled to the immediate posses- sion ...
... acceptance of the devise . From the time of acceptance , where no clog or condition is imposed upon the possession or enjoyment of the land devised , the devisee's title takes effect . He is entitled to the immediate posses- sion ...
Page 184
... acceptance by B of the note must be considered full payment of his leg- acy , and that he was liable to contribu- tion on that basis . Bermingham v . Forsythe , 26 S. Car . 358 . 1. § II , 1 . 2. Wms . Exrs . ( 7th Eng . ed . ) 1764 ...
... acceptance by B of the note must be considered full payment of his leg- acy , and that he was liable to contribu- tion on that basis . Bermingham v . Forsythe , 26 S. Car . 358 . 1. § II , 1 . 2. Wms . Exrs . ( 7th Eng . ed . ) 1764 ...
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Common terms and phrases
7th Eng action adeemed ademption alleged Allen Mass annuity Appeal averment Barb Beav bequeathed bequest Blackf Bradstreet Co Brown C. C. Eng charge common law Conn contract court court of equity debts defendant devise entitled evidence executor Exrs fund gift given Gray Mass Hare Eng held impute income indictment intention interest Iowa Johns Jones jury land legacy legatee letter letter of credit liable libel license lien LORD LORD COTTENHAM LORD ELDON malice ment Minn mitigation of damages N. J. Eq Odgers offence Office Gaz Ohio St paid Paige N. Y. party payment personal estate plaintiff privileged prove published real estate remainderman residuary residue slander Smith special damage specific specific legacy spoken Stat statute tenant Tenn tion trust Wend wife words
Popular passages
Page 507 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter, when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public ; to forbid this is to destroy the freedom of the press ; but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Page 456 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 22 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 458 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 500 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Page 615 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order In his client's favor and the proceeds thereof in whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.
Page 520 - We have repeatedly held that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, for the reason that taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress.
Page 407 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 604 - The doctrine may be stated in its most general form, that every express executory agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property, real or personal, or fund, therein described or identified, a security for a debt or other obligation, or whereby the party promises to convey or assign & CO. v. MORNIN. 79 Jilt :in.< or transfer the property as security, creates an equitable lien upon the property so indicated...
Page 518 - The negotiation of sales of goods which are in another state, for the purpose of introducing them into the state in which the negotiation is made, is interstate commerce.