A Treatise on the Law of Executions in Civil Cases: And of Proceedings in Aid and Restraint Thereof, Том 1Bancroft-Whitney, 1900 - 2867 страница |
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Страница 883
... question whether they should be levied upon as real or as personal prop- erty . Under the statutes of Ohio a permanent lease- 4 Stock Growers Bank v . Newton , 13 Colo . 245 ; Eneberg v . Carter , 98 Mo. 647 , 14 Am . St. Rep . 664 ...
... question whether they should be levied upon as real or as personal prop- erty . Under the statutes of Ohio a permanent lease- 4 Stock Growers Bank v . Newton , 13 Colo . 245 ; Eneberg v . Carter , 98 Mo. 647 , 14 Am . St. Rep . 664 ...
Страница 902
... question has not , so far as we are aware , been decided by the national courts , but a ma- jority of the state courts to which it has been presented have held that lands acquired under the homestead laws of the United States are not ...
... question has not , so far as we are aware , been decided by the national courts , but a ma- jority of the state courts to which it has been presented have held that lands acquired under the homestead laws of the United States are not ...
Страница 915
... question is so indissolu- bly connected with the franchise that the taking of the former may impair the latter , and upon this subject different courts may , upon precisely the same state of facts , reach adverse conclusions . There is ...
... question is so indissolu- bly connected with the franchise that the taking of the former may impair the latter , and upon this subject different courts may , upon precisely the same state of facts , reach adverse conclusions . There is ...
Страница 916
... question arose whether it was subject to execution , the court said : " From the nature of the property , its location , and con- nection with the canal , and the use heretofore made of it , I cannot hesitate to conclude that the ...
... question arose whether it was subject to execution , the court said : " From the nature of the property , its location , and con- nection with the canal , and the use heretofore made of it , I cannot hesitate to conclude that the ...
Страница 917
... question of the propriety of a decree ordering their sale , and no doubt that the sale , if regularly made , will trans- fer the title to all the property mortgaged . In some of the states , independently of statutory authority , a rail ...
... question of the propriety of a decree ordering their sale , and no doubt that the sale , if regularly made , will trans- fer the title to all the property mortgaged . In some of the states , independently of statutory authority , a rail ...
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action Allen amount applied appraisement attachment authority Bank Barb benefit bidder bond choses in action claim claimant Code of Iowa common law confirmation contract conveyance cotenants court court of equity creditors cution debt declared decree duty enforce entitled equity erty execution sale exempt from execution exempt property exemption laws fraud Gratt held Hence homestead homestead exemption husband intended interest Iowa Jones judgment debtor judicial sale land liable lien ment Minn Miss mortgage N. J. Eq notice officer Ohio St owner parcels party payment personal property plaintiff possession proceed proceedings prop purchaser purpose question real estate real property rule seized sell sheriff Smedes Smith sold stat statute Strob subject to execution sufficient thereof tion tract trust vacate valid void Wend wife writ
Популарни одломци
Страница 1077 - The party recovering a judgment in any common-law cause in any circuit or district court, shall be entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor, as are now provided in like causes by the laws of the State in which such court is held, or by any such laws hereafter enacted which may be adopted by general rules of such circuit or district court...
Страница 1050 - ... the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt, unless the court shall, on due notice, order that the right under such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate...
Страница 1078 - the practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Страница 957 - When this court first established the separate estate, it violated the laws of property as between husband and wife ; but it was thought beneficial, and it prevailed. It being once settled that a wife might enjoy separate estate as a feme sole, the laws of property attached to this new estate ; and it was found, as part of such law, that the power of alienation belonged to the wife, and was destructive of the security intended for it. Equity again interfered, and by another violation of the laws...
Страница 1384 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Страница 1147 - in which he was not a party and of which he had no notice...
Страница 1679 - In this conflict of interest the law wisely interposes. It acts not on the possibility that in some cases the sense of that duty may prevail over the motives of self-interest, but it provides against the probability in many cases, and the danger in all cases, that the dictates of self-interest will exercise a predominant influence, and supersede that of duty.
Страница 970 - But, while we have thus attempted to show that Mrs. Eaton's will is valid in all its parts upon the extremest doctrine of the English Chancery Court, we do not wish to have it understood that we accept the limitations which that court has placed upon the power of testamentary disposition of property by its owner. We do not see, as implied in the remark of Lord Eldon, that the power of alienation is a necessary incident to a...
Страница 1165 - If the laws of the State passed afterwards had done nothing more than change the remedy upon contracts of this description, they would be liable to no constitutional objection. For undoubtedly, a State may regulate at pleasure the modes of proceeding in its courts in relation to past contracts as well as future.
Страница 1259 - That the money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any association authorized to do business under this Act, shall not be liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied...