A Treatise on the Law of Estoppel Or of Incontestable RightsLittle, Brown, 1913 - 857 pages |
From inside the book
Results 1-5 of 100
Page 20
... claim of an innocent purchaser for value after title acquired , in a contest with the first grantee . The true rule seems to depend on the situation of the grantor when he made the first grant ; if he had possession and trans- ferred it ...
... claim of an innocent purchaser for value after title acquired , in a contest with the first grantee . The true rule seems to depend on the situation of the grantor when he made the first grant ; if he had possession and trans- ferred it ...
Page 26
... claims it , the bailee will have no defence against him ; and in such a case , in an action by the bailor , the ... claim is made , so that he may 7 Ib . 5 Ib . 1 Chapter 17 . 2 Ib . 3 Ib . 8 Ib . • Ib . 4 Ib . 9 Ib . be entitled to ...
... claims it , the bailee will have no defence against him ; and in such a case , in an action by the bailor , the ... claim is made , so that he may 7 Ib . 5 Ib . 1 Chapter 17 . 2 Ib . 3 Ib . 8 Ib . • Ib . 4 Ib . 9 Ib . be entitled to ...
Page 52
... claiming under him even if it consist in an adverse claim to the property attached , or grow out of its negotiation when it is a negotiable security . Barber v . Hartford Bank , 9 Conn . 407 ; Myers v . Beeman , 9 Ired . 116 ; Ormond v ...
... claiming under him even if it consist in an adverse claim to the property attached , or grow out of its negotiation when it is a negotiable security . Barber v . Hartford Bank , 9 Conn . 407 ; Myers v . Beeman , 9 Ired . 116 ; Ormond v ...
Page 56
... claims , there could be no new suit . Ib . 7 Judgment sustaining a plea of the Statute of Limitations is not concludes the parties and their privies from relitigating the claim 56 [ CHAP . II . ESTOPPEL BY RECORD .
... claims , there could be no new suit . Ib . 7 Judgment sustaining a plea of the Statute of Limitations is not concludes the parties and their privies from relitigating the claim 56 [ CHAP . II . ESTOPPEL BY RECORD .
Page 57
... claim and refused to wait for de- cision of Scotch court . The cer- tificate of the chief clerk is res judi- cata . Bland v . Low , ( 1894 ) 1 Ch . 147 . 1 But see cases supra as to the decision of a mere motion or sum- mary application ...
... claim and refused to wait for de- cision of Scotch court . The cer- tificate of the chief clerk is res judi- cata . Bland v . Low , ( 1894 ) 1 Ch . 147 . 1 But see cases supra as to the decision of a mere motion or sum- mary application ...
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Other editions - View all
A Treatise On the Law of Estoppel Or of Incontestable Rights Melville Madison Bigelow No preview available - 2022 |
Common terms and phrases
alleged Allen appeared assumpsit attornment authority Bank bill binding bond bound cause of action cited claim Clark collateral common law conclusive Conn contract conveyance conveyed court held Court of Chancery covenant creditor debt declaration decree deed defendant dispute doctrine effect equity estopped estopped to deny evidence execution fact favor fee simple feoffment foreign judgments former fraud garnishee grantee grantor Gray ground heir impeach indorsement Iowa issue judg judgment rendered jurisdiction jury land lease lessor liable Lord Mass matter ment mortgage notice Ohio St party payment Penn person plaintiff plea pleaded possession present privies privity proceedings purchaser question recital record recover regard replevin representation res judicata rule seisin Smith statute sued suit supra Supreme Court tenant testator tiel tion trespass valid verdict warranty Wend
Popular passages
Page 349 - That the records and judicial proceedings of the courts of any state shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, Chief Justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Page 607 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 294 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 293 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Page 98 - ... it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined; that is, if the record of the former trial shows that the verdict could not have been rendered without deciding the particular matter...
Page 353 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 118 - transit in rem judicatam/ — the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the subject of another suit, and the cause of action, being single, cannot afterwards be divided into two.
Page 27 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 296 - Another objection is that the act cannot have the effect contended for, because it does not enable the courts of another State to issue executions directly on the original judgment. This objection, if it were valid, would equally apply to every other court of the same State where the judgment was rendered. But it has no foundation. The right of a court to issue execution depends upon its own powers and organization. Its judgments may be complete and perfect, and have full effect independent of the...
Page 281 - Folger's claim was not superior, would be to allow him to take advantage of his own wrong — his fraudulent agreement with Doutrick, with knowledge of all the facts concerning Folger's claim to the property.