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action application assignment assignor assumpsit authority Bank bill bridge chancellor Charles river bridge charter claim common law constitution construction contract conveyance corporation Counsellor at Law court of chancery court of equity covenant creditor crime debt debtor decision declared deed defendant devise doctrine duty effect England entitled evidence execution exercise fee simple foreign franchise fraud give grant heirs Held indictment individual injunction intention interest issue judge judgment judicial jurisdiction jury land law of nations legislative legislature levying liable lien limits lord ment ministers mortgage North Carolina notice offence opinion paid party payment person subrogated plaintiff plea possession principles privilege proceeding promissory note provision punishment purpose question reason received road rule sheriff Smedes statute statute of frauds suit supreme court surety testator tion tribunals trust United usury Watts & Serg Winyaw witness
Sida 382 - ... provided that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in repleven may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part...
Sida 210 - a corporation, created by and transacting business in a state, Is to be deemed an inhabitant of the state, capable of being treated as a citizen, for all purposes of suing and being sued, and an averment of the facts of its creation and the place of transacting business is sufficient to give the circuit court Jurisdiction.
Sida 194 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Sida 198 - DEVISE.— To W. (a natural son of the testator's sister) for life, and after his decease to the heirs of his body in such shares and proportions as W. by deed, &c. shall appoint ; and for want of such appointment to the heirs of the body of W.
Sida 462 - Hotel, and certain desks and tables therein, should constitute the Court for the Correction of Errors of the State of New York.* What else does this bill do ? It directs that there shall be certain vaults, and safes, and rooms.
Sida 429 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...
Sida 181 - Not only are charities for the maintenance and relief of the poor, sick, and impotent, charities in the sense of the common law, but also donations given for the establishment of colleges, schools, and seminaries of learning, and especially such as are for the education of orphans...
Sida 457 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which, with reference to these circumstances, they are capable.
Sida 380 - ... or entry shall be sufficient evidence that such witness was examined in any subsequent proceeding in which the verdict or judgment shall be offered in evidence.
Sida 312 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.