The Elements of Law: Being a Comprehensive Summary of American Jurisprudence. For the Use of Students, Men of Business and General Readers, Volume 654 |
Contents
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Common terms and phrases
action actual assignment assumpsit attachment Barratry bill bound breach called cause Chancery charge chattels choses in action claim commence common law condition contract convey conveyance court Court of Chancery court of equity covenant creditor crime curtesy damages death debt debtor declaration deed defendant demand devise discharged disseisor dower effect emblements entry equity evidence execution executor former fraud freehold give grant grantor heirs held husband indictment indorser injury instance instrument intention interest judgment jury land latter lease liable marriage Massachusetts ment mortgage mortgagor nature New-York North Carolina notice officer otherwise owner paid particular estate party pass payment plaintiff plea possession principle promise proved purchaser real estate recover remainder remedy rent replevin rule seised seisin ship statute sufficient suit surety tenant third person tion trespass unless usually valid vested void warranty wife witness writ writ of right wrong
Popular passages
Page 89 - If the thing be not capable of actual delivery, there must be some act equivalent to it. The donor must part not only with the possession, but with the dominion of the property. If the thing given be a chose in action, the law requires an assignment, or some equivalent instrument, and the transfer must be actually executed : 2 Kent's Com., 430; Bond v.
Page 21 - BY marriage, the husband and wife are one person in law": that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 416 - ... they are only to hear evidence on behalf of the prosecution : for the finding of an indictment is only in the nature of an inquiry or accusation, which is afterwards to be tried and determined ; and the grand jury are only to inquire upon their oaths whether there be sufficient cause to call upon the party to answer it.
Page 142 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Page 410 - A riot is a tumultuous disturbance of the peace, by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Page 390 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 218 - Before we conclude the doctrine of remainders and reversions, it may be proper to observe, that f whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate/ the less is immediately annihilated;! or, in the law phrase, is said to be 'merged, that is, sunk or drowned, in the greater.
Page 277 - A libel is a malicious publication, expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 411 - For any meeting whatsoever of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the king's subjects, seems properly to be called an unlawful assembly...
Page 217 - As, if there be a gift in tail, the reversion of the fee is, without any special reservation, vested in the donor by act of law; and so also the reversion, after an estate for life, years, or at will, continues in the lessor. For the...