Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Volúmenes3-4Transcript Association, 1868 |
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Página 24
... debt secured thereby the sum of $ 100 , and on the 9th of December in that year paid a further sum of $ 200 . Judgment at Special Term was given for a foreclosure and sale of the mort- gaged premises , which was reversed at General Term ...
... debt secured thereby the sum of $ 100 , and on the 9th of December in that year paid a further sum of $ 200 . Judgment at Special Term was given for a foreclosure and sale of the mort- gaged premises , which was reversed at General Term ...
Página 25
... debt for which it is given as security . If the debt secured was paid , then the lien of the mortgage was at an end . It becomes , therefore , the turning point in this case . to ascertain if that debt is paid . The statute , we have ...
... debt for which it is given as security . If the debt secured was paid , then the lien of the mortgage was at an end . It becomes , therefore , the turning point in this case . to ascertain if that debt is paid . The statute , we have ...
Página 27
... debt mentioned in the bond , it fol- lows that whenever that debt is paid , or no action can be main- tained to enforce its payment , the lien created by the mortgage ceases , and it , of course , cannot be enforced . The bond given ...
... debt mentioned in the bond , it fol- lows that whenever that debt is paid , or no action can be main- tained to enforce its payment , the lien created by the mortgage ceases , and it , of course , cannot be enforced . The bond given ...
Página 28
... debt , for which it stands as security , remains legal , valid , subsisting , and unpaid . In Hughes v . Edwards ( 9 Whea . 489 ) , a bill was filed to fore- close a mortgage given in 1793 , and recorded in 1794. The bill was filed in ...
... debt , for which it stands as security , remains legal , valid , subsisting , and unpaid . In Hughes v . Edwards ( 9 Whea . 489 ) , a bill was filed to fore- close a mortgage given in 1793 , and recorded in 1794. The bill was filed in ...
Página 29
... debt and interest . His conveyance to a purchaser with notice passes nothing but an equity of re- demption , and the latter can , no more than the mortgagor , assert that equity against the mortgagee , without paying the debt , or ...
... debt and interest . His conveyance to a purchaser with notice passes nothing but an equity of re- demption , and the latter can , no more than the mortgagor , assert that equity against the mortgagee , without paying the debt , or ...
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Términos y frases comunes
affirmed aforesaid agent agreement alleged amount appeal apply assessors assignment authority bank bill of lading Bostwick Bryan Mullanphy cause of action Ch.J charge claim complaint concur contract conveyance costs counsel creditors debt deceased deed Defendant Defendant's delivered discharge dollars endorsed entitled equity evidence execution executors exempt fact firm fraud ground held interest issue JOEL TIFFANY John Mullanphy Judge judgment jurisdiction jury Lahens land Laurence Mallery liable lien ment mortgage Mullanphy Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER paid parties payment Plaintiff PORTER possession premises purchase question real estate received recover referee Respondent Russell Samuel Ward Statement statute suit Supreme Court taxation testator therein thereof Thomas Davenport tiff tion trial trust valid void wife William William H William McClelland witness Womburgh York
Pasajes populares
Página 438 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Página 93 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Página 312 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 144 - Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Página 219 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Página 200 - Know all men by these presents, that I, Zadoc Martin, of the county of Platte. and State of Missouri, for and in consideration of the sum of one dollar to me in hand paid...
Página 502 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Página 147 - ... have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the purview of the Constitution or the Act of 1795 — will not be complied with. You have chosen to inaugurate Civil War, and having done so, we will meet it in a spirit as determined as the Administration has exhibited toward the South.
Página 246 - Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or...
Página 26 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.