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action affidavit agent alleged amount appears appellant appellee assumpsit attorney authority bill bond brought cause remanded chancery charge Chicago circuit court claim Clapp common law complainant contract conveyance Cook county Court of Cook court of equity damages debt declaration decree deed defendant delivered the opinion duty evidence execution fact filed fraud guardian guardian ad litem guilty heirs held Henry Clapp homestead husband injury instruction interest issue Judge jurisdiction jury Justice Lambert Tree land liable lien ment Messrs mortgage negligence notice objection officer owner paid party payment person plaintiff in error plea possession premises presiding proceeding proof purchase question reason received record recover rendered replevin reversed rule sell sold statute Statute of Frauds sufficient suit Syllabus term Terry testified testimony tion trespass trial trust verdict warehouse wife witness Writ of Error
Страница 189 - ... upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Страница 483 - Witnesseth that the said party of the first part for and in consideration of the sum of Three Thousand Dollars, lawful money of the United States of America to him in hand paid by the said party of the second part...
Страница 100 - As to the fifth sort of bailment, viz. a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts ; either a delivery to one that exercises a public employment, or a delivery to a private person. First, if it be to a person of the first sort, and he is to have a reward, he is bound to answer for the goods at all events.
Страница 215 - According to that view, the separate property of a married woman being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general ; namely, the power of contracting debts to be paid out of it ; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property as the...
Страница 452 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence he caused or allowed to appear to be vested in the party making the conveyance.
Страница 364 - PROVIDED ALWAYS, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors and assigns, shall well and truly pay or cause to be paid nnto the said party of the second part, his executors, administrators or assigns...
Страница 210 - eviction ' is now popularly applied to every class of expulsion or amotion. Getting rid thus of the old notion of eviction, I think it may now be taken to mean this — not a mere trespass and nothing more, but something of a grave and permanent character done by the landlord with the intention of depriving the tenant of the enjoyment of the demised premises.
Страница 687 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.