Practice Reports in the Supreme Court and Court of Appeals, Volumen12Joel Munsell, 1856 |
Dentro del libro
Resultados 1-5 de 41
Página 35
... mortgage . New - York Special Term , Dec. , 1855 . MOTION , in the first judicial district , in a suit to foreclose a mortgage on land in Orange county , being the second judicial district ; the case having been referred for trial to a ...
... mortgage . New - York Special Term , Dec. , 1855 . MOTION , in the first judicial district , in a suit to foreclose a mortgage on land in Orange county , being the second judicial district ; the case having been referred for trial to a ...
Página 66
... mortgage , and claim sub- rogation to the position of the first mortgagee , and compel the latter to assign to him the first bond and mortgage . Subrogation in equity proceeds upon the ground that it is necessary to the pro- tection of ...
... mortgage , and claim sub- rogation to the position of the first mortgagee , and compel the latter to assign to him the first bond and mortgage . Subrogation in equity proceeds upon the ground that it is necessary to the pro- tection of ...
Página 67
... mortgage demands his money , or is proceed- ing to foreclose , then the second mortgagee may rightfully insist upon redeem- ing , and upon being subrogated to the rights of the first mortgagee . If the claim to redemption comes from one ...
... mortgage demands his money , or is proceed- ing to foreclose , then the second mortgagee may rightfully insist upon redeem- ing , and upon being subrogated to the rights of the first mortgagee . If the claim to redemption comes from one ...
Página 68
... mortgages , may redeem the first mortgage , but he does not thereby become entitled to subrogation . This illustration bears upon the present case no further than to show that the right to redeem does not necessarily include the right ...
... mortgages , may redeem the first mortgage , but he does not thereby become entitled to subrogation . This illustration bears upon the present case no further than to show that the right to redeem does not necessarily include the right ...
Página 69
... mortgage - for aught that appears in the complaint , the mortgagor pays the interest accruing on the first mortgage promptly , and pays the interest accruing to the plaintiff as it becomes due , and is sim- ply availing himself of the ...
... mortgage - for aught that appears in the complaint , the mortgagor pays the interest accruing on the first mortgage promptly , and pays the interest accruing to the plaintiff as it becomes due , and is sim- ply availing himself of the ...
Otras ediciones - Ver todas
Términos y frases comunes
affidavit alleged allowed amend amount answer appear application appointed assessment assignment assignor attorney authority bail cause of action claim clerk Code commenced commissioners common law complaint confession of judgment constitution contract corporation costs counsel creditors debt debtor decision declared defendant defendant's demurrer denied duty entitled equitable exceptions execution executors facts fendant filed fraudulent granted ground held injunction intended issue John John Harrison judge judgment judgment-debtor jurisdiction jury Justice lands legislature liable liquors M'Intosh mandamus matter ment mortgage motion necessary New-York Special Term notice objection officers order of arrest owner party payment person plain plaintiff pleading premises proceedings promissory note provisions question receiver recover referee remedy Schuyler county sheriff statute subrogation sufficient suit summons supervisors SUPREME COURT sustained thereof Thomas Burroughs tiff tion Toynbee-same agt trial trustees verdict Wend witness Wynhammer
Pasajes populares
Página 241 - No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
Página 130 - The commissioned officers of the militia shall be commissioned by the Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Página 117 - ... shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Página 250 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Página 176 - ... into the next circuit court, to be held in the district where the suit is pending...
Página 25 - ... after the return of an execution against his property unsatisfied in whole or in part...
Página 180 - ... it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Página 83 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 99 - In a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment.
Página 180 - 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 interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...