A practical abridgment of American common law cases argued and determined in the courts of the several states, and the United States courts, from the earliest period to the present time: alphabetically arranged; with notes and references to the statutes of each state and analogous adjudications. Comprising under the several titles a practical treatise on the different branches of the common law, Հատոր 4

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Treadway & Atwood, 1835

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Common terms and phrases

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Էջ 380 - God and as touching such worldly estate wherewith it has pleased God to bless me in this life I give devise and dispose of the same in the following manner and form...
Էջ 20 - ... or part of it, or for doing any other act, and the day is to happen, or may happen before the thing which is the consideration of the money, or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that which is the consideration of the money or other act.
Էջ 567 - ... according to the value of the land at the time of the alienation, though it had risen greatly in value afterwards, exclusive of buildings erected by the alienee. The same doctrine was followed in Shaw v. White, and the language of the statute to which these decisions alluded was, that the dower of any lands sold by the husband 3.
Էջ 381 - I verily believe, that in almost every case where by law a general devise of lands is reduced to an estate for life, the intent of the testator is thwarted; for ordinary people do not distinguish between real and personal property. The rule of law however is established and certain, that express words of limitation, or words tantamount, are necessary to pass an estate of inheritance.
Էջ 60 - When the covenant extends to a thing in esse, parcel of the demise, the thing to be done by force of the covenant is quodammodo annexed and appurtenant to the thing demised, and shall go with the land, and shall bind the assignee, although he be not bound by express words; but when the covenant extends to a thing which is not in being at the time of the demise made, it cannot be appurtenant or annexed to the thing which hath no being...
Էջ 184 - ... such promise, the declaration does not aver performance by the plaintiff or that he was ready to perform, and there is a verdict for the plaintiff; such omission is cured by the verdict, by the common law, but is a fatal objection, after a judgment by default.
Էջ 60 - ... that they would make a new wall upon some part of the thing demised, that forasmuch as it is to be done upon the land demised, that it should bind the assignee; for although the covenant doth extend to a thing to be newly made, yet it is to be made upon the thing demised, and the assignee is to take the benefit of it, and therefore shall bind the assignee by express words.
Էջ 366 - If the first bequest is to take effect according to the obvious import of the words taken alone, the last is expunged from the will. The operation of the whole clause will be precisely the same as if the last member of the sentence were stricken out; yet both clauses are equally the words of the testator, are equally binding, and equally claim the attention of those who may construe the will.
Էջ 139 - Wherefore, since the disuse of those real actions, actions of debt upon judgments in personal suits have been pretty much discountenanced by the courts, as being generally vexatious and oppressive by harassing the defendant with the costs of two actions instead of one.
Էջ 26 - An agent or executor who covenants in his own name, and yet describes himself as agent or executor, is personally liable, for the obvious reason that the one has no principal to bind, and the other substitutes himself for his principal.

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