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], Том 28Abraham Clark Freeman Bancroft-Whitney Company, 1893 |
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Страница 25
... complaint in an action to quiet title , alleging that a certain decedent , whose wife had previously died , was at the time of his death the owner of one tract of land and had a homestead claim on another ; that by his will he directed ...
... complaint in an action to quiet title , alleging that a certain decedent , whose wife had previously died , was at the time of his death the owner of one tract of land and had a homestead claim on another ; that by his will he directed ...
Страница 26
... complaint , but the rec- ord shows no plea by them to the amended complaint ; and we can only presume , therefore , that they did so plead , as the de- cree includes all the defendants , and all appeal therefrom . The complaint shows ...
... complaint , but the rec- ord shows no plea by them to the amended complaint ; and we can only presume , therefore , that they did so plead , as the de- cree includes all the defendants , and all appeal therefrom . The complaint shows ...
Страница 28
... complaint charges that the Mabrys " well knew of said sale of said lands by said executor , and that such purchase ... complaint are , that about May 17 , 1889 , the defendant Saylor , for the purpose of injuring and defrauding plaintiff ...
... complaint charges that the Mabrys " well knew of said sale of said lands by said executor , and that such purchase ... complaint are , that about May 17 , 1889 , the defendant Saylor , for the purpose of injuring and defrauding plaintiff ...
Страница 29
... complaint , as well as that the defendants , and each of them , should be enjoined from the assertion of any estate or inter- ests in both tracts . The costs were charged to the defendants , and each of them . It seems to us that no ...
... complaint , as well as that the defendants , and each of them , should be enjoined from the assertion of any estate or inter- ests in both tracts . The costs were charged to the defendants , and each of them . It seems to us that no ...
Страница 30
... complaint , it will be presumed that the others did likewise , or omitted to plead and were defaulted . They are entitled to a reversal of the decree against them , and to a dismissal of the action , with their costs . Neither should ...
... complaint , it will be presumed that the others did likewise , or omitted to plead and were defaulted . They are entitled to a reversal of the decree against them , and to a dismissal of the action , with their costs . Neither should ...
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adverse possession affirmed agent alleged appellant applied assignment authority Bank cause of action charge cited claim common law complaint constitution contract conveyance conveyed corporation court court of equity creditor debt debtor declared decree deed defendant defendant's demurrer duty easement entitled equity error estopped evidence execution exemplary damages fact fraud fraudulent fraudulent conveyance grant grantor ground held husband injury intention interest Iowa issue judge judgment judgment debtor jury land legislature liable lien ment mortgage necessary negligence nulla bona officer opinion ordinance owner paid parties payment person plaintiff possession premises principal proceedings purchaser purpose question quiet title quitclaim deeds reason recover respondent revocation rule statute statute of limitations street suit sureties sustained testator testimony thereof tion trial valid void wife writ
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Страница 660 - ... is a question of fact for the jury, and not one of law for the court to pass upon.
Страница 449 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized .or possessed of the premises in question within twenty years before the commencement of such action.
Страница 383 - No bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill.
Страница 450 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the...
Страница 821 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property, and the extent of the application of the insurance under this policy or of the contribution to be made by this company in case of loss, may be provided for by agreement...
Страница 529 - ... by or against him, with a view to give a preference to any creditor or person having a claim against him, or who is under any liability for him, procures any part of his property to be attached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property...
Страница 507 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Страница 143 - Of all civil causes of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it.
Страница 398 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision.
Страница 942 - The general rule therefore is that a lunatic or a person affected -with insanity is admissible as a witness if he have sufficient understanding to apprehend the obligation of an oath, and to be capable of giving a correct account of the matters which he has seen or heard in reference to the questions at issue...