Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania, Volumen10J. Kay, Jun. & Brother, 1841 |
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Página 11
... taken the risk of the title , can be known only to those who are familiar with the practice in that state . Still the question regarded amendment , and no one dreamed of treating the return as a nullity . In Stoyel v . Cady , 4 Day 222 ...
... taken the risk of the title , can be known only to those who are familiar with the practice in that state . Still the question regarded amendment , and no one dreamed of treating the return as a nullity . In Stoyel v . Cady , 4 Day 222 ...
Página 18
... taken to it by the plaintiff , the court permitted the examination of Mr Merrill . He testified in substance , " That he could not say that it was acknowledged , nor positively that it was not . That he cannot re- collect much of the ...
... taken to it by the plaintiff , the court permitted the examination of Mr Merrill . He testified in substance , " That he could not say that it was acknowledged , nor positively that it was not . That he cannot re- collect much of the ...
Página 23
... taken of it whatever . From this course of reasoning , it will follow , that a solemn judicial adjudi- cation or record , which imports absolute verity , may rest on the frail recollection or memory of man . That it may be proved as any ...
... taken of it whatever . From this course of reasoning , it will follow , that a solemn judicial adjudi- cation or record , which imports absolute verity , may rest on the frail recollection or memory of man . That it may be proved as any ...
Página 25
... taken and sold by the sheriff . But I must remark that even in that aspect the title of the defendants is by no means free from doubt . Till the sheriff's deed is acknowledged , the legal title does not pass , and the vendee cannot ...
... taken and sold by the sheriff . But I must remark that even in that aspect the title of the defendants is by no means free from doubt . Till the sheriff's deed is acknowledged , the legal title does not pass , and the vendee cannot ...
Página 26
... taken care to put upon the record in conformity to the directions of the act , it would be difficult to per- suade any person that there was any justice in postponing his right in favor of a subsequent purchaser . This in truth will not ...
... taken care to put upon the record in conformity to the directions of the act , it would be difficult to per- suade any person that there was any justice in postponing his right in favor of a subsequent purchaser . This in truth will not ...
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Términos y frases comunes
acknowledgment acres act of assembly action aforesaid agreement Allegheny county amount appear assignment assumpsit Bellas bond Bradford county Caleb cents charge cited claim common pleas commonwealth contract conveyance counsel court was delivered creditors debt debtor declaration defendant in error defendant's dollars ejectment endorsed entered entitled entry equitable execution executors fact father favour fee simple fieri facias gave in evidence given Gregg heirs Inman interest issued James John Braden John Inman John Ormsby Judgment affirmed jury justice legal title levy Lewis M'Call M'Carty M'Cullough ment notice O'Conner Oliver Ormsby opinion owner paid parties payment person plaintiff in error possession proof proved purchase-money purchaser Rawle received record recover rendered rent replevin scire facias Serg sheriff sheriff's deed sheriff's sale sold statute of limitations suit survey taxes tenant testator testimony thereof tion trustee vendee verdict void warrant Watts William witness Woods writ
Pasajes populares
Página 153 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Página 66 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Página 89 - This being found inconvenient, it was enacted by the above statute, § 1. that " where several persons shall be made defendants to any action of trespass, assault, false imprisonment, or ejectione firmx, and any one or more of them shall be, upon the trial thereof, acquitted by verdict, every person so acquitted shall recover his costs of suit, in like manner as if...
Página 170 - It is a general rule in equity, that when a man buys land in the name of another, and pays the consideration money, the land will generally be held by the grantee in trust for the person who so paid the purchase money.
Página 109 - The result of the cases is this: if upon sale with a warranty, or if by the special terms of the contract, the vendee is at liberty to return the article sold, an offer to return it is equivalent to an offer accepted by the vendor, and, in that case, the contract is rescinded and at an end, which is a sufficient defence to an action brought by the vendor for the purchase money, or to enable the vendee to maintain an action for money had and received in case the purchase money has been paid.
Página 174 - ... no means to trace the nature, extent, or origin of the claim, and thus open the w.ay to the most oppressive charges. If we proceed one step further, and admit that loose and general expressions, from which a probable or possible inference may be deduced of the acknowledgment of a debt, by a Court or jury; that, as the language of some cases has been, any acknowledgment, however...
Página 175 - ... intrinsic aid before it can possess legal certainty. Now, if this be so, does it not let in the whole mischief intended to be guarded against by the statute ? Does it not enable the party to bring forward stale demands after a lapse of time, when the proper evidence of the real state of the transaction cannot be produced ? Does it not tend to encourage perjury, by removing the bar upon slight acknowledgments of an indeterminate nature...
Página 24 - A court of record is that,where the acts and judicial proceedings are enrolled in paper or parchment for a perpetual memorial and testimony: which rolls are called the records of the court, and are of such high and super-eminent authority, that their truth is not to be called in question.
Página 171 - There was also an order that a certain tract of land should be sold and the proceeds applied to the payment of the decree.
Página 209 - ... it was sold for, and every such tract of land shall not thereafter, so long as the same shall remain the property of the county, be charged in the duplicate of the .proper collector; but for five years next following such sale, if it shall so long remain unredeemed, the commissioners shall, in separate columns in the same book, charge every such tract of land with reasonable county and road tax, according to the quality of the said land, not exceeding in any case the sum of six dollars for every...