Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania, Том 10J. Kay, Jun. & Brother, 1841 |
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... thereof , be subsequently defeated in an action of replevin . ERROR to the common pleas of Lycoming county . James D. Caldwell against Brewster Freeman . The plaintiff obtained a judgment against the defendant for 854 dollars 36 cents ...
... thereof , be subsequently defeated in an action of replevin . ERROR to the common pleas of Lycoming county . James D. Caldwell against Brewster Freeman . The plaintiff obtained a judgment against the defendant for 854 dollars 36 cents ...
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... thereof ? Thirdly , Whether the fact of an acknowledgment and re- gistry can be established by parol evidence , or in any other way but by the inspection of the record itself ? Fourthly , Whether the recording acts are applicable to ...
... thereof ? Thirdly , Whether the fact of an acknowledgment and re- gistry can be established by parol evidence , or in any other way but by the inspection of the record itself ? Fourthly , Whether the recording acts are applicable to ...
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... thereof , instead of one - third , where the lands were purchased before the debts were contracted . Ibid . 4 , sect . 51. And in 1688 , in further [ Bellas v . M'Carty . ] explanation and alteration July 1840. ] 31 OF PENNSYLVANIA .
... thereof , instead of one - third , where the lands were purchased before the debts were contracted . Ibid . 4 , sect . 51. And in 1688 , in further [ Bellas v . M'Carty . ] explanation and alteration July 1840. ] 31 OF PENNSYLVANIA .
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... thereof , made by twelve men , towards payment of his claim . Then after this , where the debt was contracted subsequently to the pur- chase of the land by the debtor , and the moiety thereof delivered to the plaintiff proved ...
... thereof , made by twelve men , towards payment of his claim . Then after this , where the debt was contracted subsequently to the pur- chase of the land by the debtor , and the moiety thereof delivered to the plaintiff proved ...
Страница 35
... thereof : thus , " as appears by the records of the said court . Witness my hand and the seal of the said court . R. C. A. clerk . " Thus this latter form , or one of simi- lar import , would have been adopted and observed , had the ...
... thereof : thus , " as appears by the records of the said court . Witness my hand and the seal of the said court . R. C. A. clerk . " Thus this latter form , or one of simi- lar import , would have been adopted and observed , had the ...
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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
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Страница 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.
Страница 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.
Страница 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...
Страница 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.
Страница 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.
Страница 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...
Страница 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...
Страница 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.
Страница 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.
Страница 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...