The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 120Abraham Clark Freeman Bancroft-Whitney Company, 1908 |
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Page 69
... Neff , were made parties to that suit . A decree was duly rendered in that suit at the February term , 1903 , in favor of the plain- tiffs therein , Lane and his wife , against Curtis Nov. 1907. ] 69 NEFF v . ELDER .
... Neff , were made parties to that suit . A decree was duly rendered in that suit at the February term , 1903 , in favor of the plain- tiffs therein , Lane and his wife , against Curtis Nov. 1907. ] 69 NEFF v . ELDER .
Page 70
... decree . The two lots in controversy were sold by the commissioner at public outcry to defendants , Elder , Ford and Simons , on May 7 , 1903 , for the sum of three hundred and twenty - eight dollars , and at the next term of the court ...
... decree . The two lots in controversy were sold by the commissioner at public outcry to defendants , Elder , Ford and Simons , on May 7 , 1903 , for the sum of three hundred and twenty - eight dollars , and at the next term of the court ...
Page 74
... decree is reversed and the cause remanded , with di- rections to enter a decree in favor of the plaintiff declaring a lien on the lots in controversy for the amount paid in dis- charge of the mortgage executed by Curtis and wife to Pix ...
... decree is reversed and the cause remanded , with di- rections to enter a decree in favor of the plaintiff declaring a lien on the lots in controversy for the amount paid in dis- charge of the mortgage executed by Curtis and wife to Pix ...
Page 86
... decree awarded to plaintiff all of the right and interest of the widow " in all the rents and profits of said real ... decree for any specific amount of rents , there is no prejudice in the erroneous ruling ; but the decree , in so far ...
... decree awarded to plaintiff all of the right and interest of the widow " in all the rents and profits of said real ... decree for any specific amount of rents , there is no prejudice in the erroneous ruling ; but the decree , in so far ...
Page 87
... decree to that extent is modified . In all other respects the decree will be affirmed , and it is so ordered . The Assignability of a Widow's Right of Dower is discussed in the note to Sanders v . McMillan , 39 Am . St. Rep . 25 ...
... decree to that extent is modified . In all other respects the decree will be affirmed , and it is so ordered . The Assignability of a Widow's Right of Dower is discussed in the note to Sanders v . McMillan , 39 Am . St. Rep . 25 ...
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action adverse possession alleged appellant appellee application authority ballot Bank bill cause circuit court cited claim common law complaint constitution contract corporation court of equity damages declared decree deed defendant defendant's discharge dollars duty entitled equity error estoppel evidence execution fact fee simple filed guardian held Hernando county homestead husband injury interest Iowa judge judgment jurisdiction jury land lease legislature liability lien Manternach ment Minn mortgage municipal municipal corporation N. Y. Supp negligence notice nuisance ordinance Oregon County owner parties payment person petition plaintiff plaintiff in error possession premises proceeding purchaser purpose question quitclaim deed railroad company real estate reason rendered rule statute street suit tenant testator thereof tion trial ultra vires unlawful detainer valid void wife Yantis
Popular passages
Page 398 - ... be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss...
Page 942 - Courts, justices of the peace, and such other courts, Inferior to the Supreme Court, as may be provided by law; and all courts of record shall have a s-sl.
Page 398 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its, part relating to the appraisal or to any examination herein provided for; and the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 980 - ... for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 814 - The limitations which this statute places upon her contractual powers, upon her right to agree with her employer as to the time she shall labor, are not imposed solely for her benefit, but also largely for the benefit of all.
Page 485 - No action may be brought upon any contract for the sale or other disposition of land or any interest in land, unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged or by some other person thereunto by him lawfully authorised.
Page 299 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...
Page 586 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Page 754 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 939 - delinquent child" shall include any child under the age of sixteen (16) years who violates any law of this state or any city or village ordinance, or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of...