Reports of Cases Argued and Determined in the Court of Appeals of Maryland, 8권Geo. Johnston, Printer, 1852 |
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3 페이지
... granted , restraining execution of the judgments assigned to Mrs. Mason , directed an account to be taken for the purpose of ascertaining the sums to be con- tributed by the several purchasers from the trustees , towards payment of the ...
... granted , restraining execution of the judgments assigned to Mrs. Mason , directed an account to be taken for the purpose of ascertaining the sums to be con- tributed by the several purchasers from the trustees , towards payment of the ...
19 페이지
... granting the land in question to one Thomas Jackson , and then offered the will of Samuel Wallis , executed the 19th of September , 1717 , which contains , among others , the following clause : " Item.- I give and bequeath unto my son ...
... granting the land in question to one Thomas Jackson , and then offered the will of Samuel Wallis , executed the 19th of September , 1717 , which contains , among others , the following clause : " Item.- I give and bequeath unto my son ...
21 페이지
... granting of which , the plaintiff excepted . 3RD EXCEPTION . The plaintiff , in addition to the proof in his 1st and 2nd bills of exceptions , offered in evidence extracts from the entries in the debit books for Queen Anne's county ...
... granting of which , the plaintiff excepted . 3RD EXCEPTION . The plaintiff , in addition to the proof in his 1st and 2nd bills of exceptions , offered in evidence extracts from the entries in the debit books for Queen Anne's county ...
23 페이지
... granted in fee on the 1st day of February , 1695 , to one Thomas Jackson . A trial was had , and the defendant obtained a ver- dict . In the course of the trial , three exceptions were taken by the plaintiffs ; and wherein ( if at all ...
... granted in fee on the 1st day of February , 1695 , to one Thomas Jackson . A trial was had , and the defendant obtained a ver- dict . In the course of the trial , three exceptions were taken by the plaintiffs ; and wherein ( if at all ...
34 페이지
... granted on the estate of said David . It then adds , that by the death of said David , all privity between his estate and that of McKim , the testator , is so far ended , that the only course for the determination of the said claim , is ...
... granted on the estate of said David . It then adds , that by the death of said David , all privity between his estate and that of McKim , the testator , is so far ended , that the only course for the determination of the said claim , is ...
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act of Assembly action admissible aforesaid agreement Allegany county alleged Anne Arundel county answer appellant appellee argued before DORSEY assigned assumpsit Baltimore county bank bill of exceptions bond cause was argued chancellor chancery city court claim complainant contract conveyed counsel county court court of chancery court of equity creditors debt debtor declaration decree deed defendant delivered the opinion devised entitled equity estoppel evidence Exc'r executed executor filed Freeborn G FRICK grandfather grandson heirs insolvent intended issue John Jones judgment jury land Lessee located MAGRUDER manumission marriage Maryland ment Mitchell's Lot mortgage negro non est factum objection offered orphans court owners paid party Pattison payment plaintiff pleaded possession prayer procedendo proceedings promise proof proved purchase question receipt recover rejected Smith Stanley Enlarged statute statute of frauds testator testimony thereof tion Tolson trial trustees verdict Waters wife Wilson witness
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251 페이지 - There is no doubt but that the express admissions of a party to the suit, or admissions implied from his conduct, are evidence, and strong evidence, against him ; but we think that he is at liberty to prove that such admissions were mistaken or were untrue, and is not estopped or concluded by them, unless another person has been induced by them to alter his condition ; in such a case the party is estopped from disputing their truth with respect to that person (and those claiming under him), and that...
250 페이지 - ... we then have a clear case of an admission by the defendant, intended to influence the conduct of the man with whom he was dealing, and actually leading him into a line of conduct which must be prejudicial to his interests, unless the defendant be cut off from the power of retraction.
253 페이지 - ... it shall be lawful for the lessor at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, re-possess and enjoy, as of his or their former estate ; anything hereinafter contained to the contrary notwithstanding.
247 페이지 - first, every estoppel ought to be reciprocal, that is, to bind both parties; and this is the reason that regularly a stranger shall neither take advantage nor be bound by the estoppel...
409 페이지 - ... (Lewin on Trusts 152.) And in Story's Equity it is said, that where a trustee has acted in good faith, in the exercise of a fair discretion, and in the same manner as he would ordinarily do in regard to his own property, he ought not to be held responsible for any losses accruing in the management of the trust property.
417 페이지 - ... or was prevented from doing it by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part.
142 페이지 - ... it is necessary in the course of a cause to inquire into the nature of a particular act, or the intention of the person who did the act, proof of what the person said at the time of doing it is admissible in evidence, for the purpose of showing its true character.
251 페이지 - The offer of surrender, made in this case, was to a stranger to this suit; and though the bankrupt may have been bound by his representation that he was a bankrupt, and his acting as such, as between him and that...
251 페이지 - Geo. 4, c. 16, § 75, to give it up, — to say afterwards that he was not a bankrupt, and bring an action of trover for the lease, or an ejectment for the estate. To that extent he would have been bound, probably no further, and certainly not as to any other persons than those landlords.
125 페이지 - ... for money had and received by the defendant for the use of the plaintiff...