Reports of Cases Argued and Adjudged in the Supreme Court of the United States, Volumen11Published for John Conrad and Company, 1816 |
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Página 2
... person as an escrow to take effect on the payment of the note given by the said R. Morris , jun . for the purchase of the judgment , and that the same should belong to Thomas Cooper , who endorsed the said note , in case he should be ...
... person as an escrow to take effect on the payment of the note given by the said R. Morris , jun . for the purchase of the judgment , and that the same should belong to Thomas Cooper , who endorsed the said note , in case he should be ...
Página 2
... Ogden , even after the sheriffs sale , was in no better situation than G. Morris would have been in , if he had been the purchaser . He had no right to claim 2 . protection under the equity of any third person 10 SUPREME COURT U. S..
... Ogden , even after the sheriffs sale , was in no better situation than G. Morris would have been in , if he had been the purchaser . He had no right to claim 2 . protection under the equity of any third person 10 SUPREME COURT U. S..
Página 15
... . But what sort of a trust was it ? Not a resulting trust , for that can only be raised in favor of the person from whom the consideration moved . MONS & FITZSIM- And that it was not an express FEBRUARY TERM 1812 . 15 52 Jane v 363.
... . But what sort of a trust was it ? Not a resulting trust , for that can only be raised in favor of the person from whom the consideration moved . MONS & FITZSIM- And that it was not an express FEBRUARY TERM 1812 . 15 52 Jane v 363.
Página 16
... person , " but the money or consideration is given by another ; or secondly , where a trust is declared only as to part , " and nothing said as to the rest , what remains , undis- posed of , results to the heir at law , and they cannot ...
... person , " but the money or consideration is given by another ; or secondly , where a trust is declared only as to part , " and nothing said as to the rest , what remains , undis- posed of , results to the heir at law , and they cannot ...
Página 18
... person who claims the chose in action , and whose title depends upon a secret trust and confidence between him and the ostensible assignee , has equal equity with the person who afterwards purchases the judgment bona fide and without ...
... person who claims the chose in action , and whose title depends upon a secret trust and confidence between him and the ostensible assignee , has equal equity with the person who afterwards purchases the judgment bona fide and without ...
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Términos y frases comunes
action admitted aforesaid agreement alleged appear assignment assumpsit attorney averred award bill of exceptions bond Caig cargo Carrington cause Chancery Circuit Court claim Clark Cleon Complainants contended contract conveyed count Court of Chancery Court of equity covenant Daniel Parker Darby debt declaration decree deed Defendant delivered the opinion descendants district dollars dower Edwin Gairdner entitled evidence EX'RS executed fact foreign forfeiture fraud Gouverneur Morris Greene and Barker heirs Holker indorsement intention issue James Gairdner John John Darby judgment jurisdiction jury lading land letter liable libel Lyles March ment Mitchel Morris mortgage owner paid Parker parties payment person Plaintiff in error plea port post-master post-office proved purchase question received record recover Russell Salou SCHOONER sentence sovereign statute suit thereof tion trust U.STATES United verdict Virginia voyage Welch William Russell writ of error
Pasajes populares
Página 479 - 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.
Página 503 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of...
Página 147 - If the preceding reasoning be correct, the Exchange, being a public armed ship, in the service of a foreign sovereign, with whom the government of the United States is at peace, and having entered an American port open for her reception, on the terms on which ships of war are generally permitted to enter the ports of a friendly power, must be considered as having come into the American territory under an implied promise, that while necessarily within it, and demeaning herself in a friendly manner,...
Página 136 - ... necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction. All exceptions, therefore, to the full and complete power of a nation within its own territories, must be traced up to the consent of the nation itself....
Página 301 - Whereupon the defendant prayed the court to instruct the jury that the plaintiff was not entitled to recover...
Página 139 - His minister would owe temporary and local allegiance to a foreign prince, and would be less competent to the objects of his mission. A sovereign committing the interests of his nation with a foreign power to the care of a person whom he has selected for that purpose, cannot intend to subject his minister in any degree to that power; and, therefore, a consent to receive him implies a consent that he shall possess those privileges which his principal intended he should retain, privileges which are...
Página 138 - The assent of the sovereign to the very important and extensive exemptions from territorial jurisdiction which are admitted to attach to foreign ministers, is implied from the considerations that, without such exemption, every sovereign would hazard his own dignity by employing a public minister abroad.
Página 137 - This perfect equality and absolute independence of sovereigns, and this common interest impelling them to mutual intercourse, and an interchange of good offices with each other, have given rise to a class of cases in which every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation.
Página 137 - ... character not to degrade the dignity of his nation, by placing himself or its sovereign rights within the jurisdiction of another, can be supposed to enter a foreign territory only under an express license, or in the confidence that the immunities belonging to his independent sovereign station, though not expressly stipulated are reserved by implication, and will be extended to him.
Página 623 - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein ; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident...