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action affirmed agreed agreement alleged allowed amount appeal applied assignment authority bank boat bond brought buildings Cattaraugus County charge cheese claim common complaint consideration contract corporation costs counsel court creditors damages debt deceased defendant defendant's delivered directed DISTRICT dollars entered entitled evidence excepted execution executors fact favor follows fraud give given granted ground held husband intention interest issue John judgment jury justice land latter liable maintain ment mortgage necessary notice objection obtained offer opinion paid parties payment person plaintiff possession premises present prisoner proceedings proved purchase question Railroad reason received recover referee relation rendered respect Respondent rule Smith sold statute sufficient taken TERM thereof tion took town trial wife witness York
Página 157 - ... affect the act to abolish imprisonment for debt, and to punish fraudulent debtors, passed April 26, 1831, or any act amending the same, nor shall it apply to proceedings for contempts.
Página 136 - Every mortgage filed in pursuance of this Act shall cease to be valid, as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless, within thirty days next preceding the expiration of the said term of one year...
Página 131 - That every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not be accompanied by an Immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor...
Página 506 - ... error for reversal of such judgment, in case the same shall be erroneous, and the said landlord or lessor shall from thenceforth hold the said demised premises discharged from such lease...
Página 66 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 307 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Página 91 - The defendant may at any time before the trial or verdict, serve upon the plaintiff an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Página 131 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith...
Página 26 - Any married female may take by inheritance or by gift, grant, devise or bequest, from any person other than her husband and hold to her sole and separate use and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof in the same manner and with like effect as if she were unmarried, and the same shall not be subject, to the disposal of her husband nor be liable for his debts.
Página 352 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.