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action affidavit agreement allowed amend amount answer appear apply appointment assignee attorney authority bankrupt bankruptcy bill bond called cause charge circumstances claim clerk common consideration considered contract costs county court court covenant creditor debt decided decision deed defendant directed effect entered entitled equity evidence examination execution executors fact filed give given grant ground heirs held intended interest issue judge judgment jurisdiction justice land Law Journ lease limitation Lord matter meaning necessary notice objection obtained opinion paid party passed payment person petition plaintiff plea possession present principle proceedings proved purchaser question reason received reference refused rent respect rule sect shares statute sufficient suit taken tenant tion trade trial trust Vict void warrant witness
Էջ 91 - December one thousand eight hundred and thirty-three, no action or suit or other proceeding shall be brought to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent...
Էջ 91 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Էջ 8 - That it appeared upon the face of the complaint that the cause of action did not accrue within six years before the commencement of the action.
Էջ 170 - It is a rule in law when the ancestor by any gift cr conveyance takes 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, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Էջ 282 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, or a day appointed for a public fast or thanksgiving ; in which case the time shall be reckoned exclusively of that day also.
Էջ 111 - It is a very useful rule in the construction of a statute to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the Legislature to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in which case the language may be varied or modified so as to avoid such inconvenience, but no further.
Էջ 34 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Էջ 5 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Էջ 219 - Forrester,' that although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover ; if by ordinary care he might have avoided them, he is the author of his own wrong.