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action admitted alleged allowed amount appear applied arrest attorney authority award bail bill bond bound brought called cause charge circuit claim commenced commissioners common pleas consideration considered contained contract conveyance conveyed costs counsel court Cowen creditor damages debt decided decision deed defendant demand denied directed discharge entered entitled error evidence exceptions execution fact fraud give given granted ground held intended interest issue Johns joint judge judgment jury justice land lots Malin motion necessary notice objection obtained opinion owner paid partnership party passed payment person plaintiff plead possession premises present principle proceedings proof proved purchase question received record recover relation release rendered Richards road rule Sarah sheriff shew statute street sufficient suit taken term testimony tion trial trust unless verdict whole witness writ
Page 199 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Page 355 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition, (express or implied,) or extortion, or oppression, or an. undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
Page 257 - that the king is the universal lord and original proprietor of all the lands in his kingdom : (z) and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services.
Page 355 - CJ was of opinion, that this could not be deemed a payment by compulsion, as the defendant might, by a replevin, have defended himself against the distress, Knibbi v.
Page 599 - If one concerts with an executor or legatee, by obtaining the testator's effects at a nominal price, or at a fraudulent undervalue, or by applying the real value to the purchase of other subjects for his own behoof, or in extinguishing the private debt of the executor, or in any other manner (which Lord Eldon said are very material words), contrary to.
Page 259 - Justice, said, the subject has a right to fish in all navigable rivers as he has to fish in the sea...
Page 257 - The king may grant fishing within a creek of the sea, or within some known precinct that hath known bounds, though within the main sea, he may also grant that very interest itself, viz. a navigable river that is an arm of the sea, the water and soil thereof.
Page 357 - The cases founded on mistake, says SAVAGE, Ch. J., in Mowatt v. Wright (1 Wend. 355), seem to rest on this principle, that if parties, believing that a certain state of things exist, come to an agreement with such belief for its basis, on discovering their mutual error they are remitted to their original rights.