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action administrator amount appear applied arrest assignment assumpsit authority Bank benefit bill bona fide purchaser bond Bowdoinham cause certiorari chancellor chancery choses in action cited claim common law complainant contract convey conveyance corporation count court of chancery court of equity covenant creditors damages debt debtor decree deed defendant deposit depositors detinue doctrine dollars entitled error evidence execution executor facts fendant fraud fraudulent granted grantor heirs held insolvent interest issue Johns judge judgment jurisdiction jury justice land liable lien ment mortgage officer opinion owner paid parol party payment person plaintiff plaintiff in error plea possession principle proceedings proof proved purchaser question real estate reason received recover refused replevin seisin sell sold statute statute of frauds sufficient suit surety testator Timothy Treadwell tion trespass trial trustee vendee vendor verdict void voidable warrant Wend wife witness writ
Страница 138 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law or Of which he might have availed himself at law but was prevented by fraud or accident, unmixed with any fault or See 17 OTTO. i negligence in himself or his agents, will justify ; an application to a court of chancery.
Страница 242 - In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them : the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.
Страница 419 - ... jeopardy, if he engages in a hazardous speculation; he is not bound to keep it or deal with it as the property of his principal, but he is, of course, answerable for the amount, because he has contracted, having received that money, to repay to the principal, when demanded, a sum equivalent to that paid into his hands.
Страница 124 - The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures ; and no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation, subscribed to by the affiant.
Страница 241 - ... chancellor shall and may hear and determine all causes for alimony, in as full and ample a manner as such causes could be heard and determined by the laws of England, in the ecclesiastical courts there.
Страница 623 - In equity, therefore, where a man has been silent, when in conscience he ought to have spoken, he shall be debarred from speaking when conscience requires him to be silent.
Страница 478 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Страница 514 - I think, that, by submitting to the demand, he that pays the money gives it to the person to whom he pays it, and makes it his, and closes the transaction between them.
Страница 274 - If on such failure to perform the whole, the nature of the contract be such that the employer can reject what has been done, and refuse to receive any benefit from the part performance, he Is entitled so to do, and In such case Is not liable to be charged, unless he has before assented to and accepted of what has been done, however much the other party may have done towards the performance. He has In such case received nothing, and having contracted to receive nothing but the entire matter contracted...