Report of Cases in the Supreme Court of Nebraska, 2±ÇCallaghan & Cockcroft, 1873 |
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25 ÆäÀÌÁö
... land mortgaged , against the mort- gagor . He might devise his interest by will as real estate , or it would descend by common law to his heir . On the contrary , in equity , the land , or mortgaged estate , is a pledge . The mortgagee ...
... land mortgaged , against the mort- gagor . He might devise his interest by will as real estate , or it would descend by common law to his heir . On the contrary , in equity , the land , or mortgaged estate , is a pledge . The mortgagee ...
26 ÆäÀÌÁö
... land being held as a mere pledge to secure the debt , and held only as security for it , the right of recovery upon the mortgage was gone when liability upon the principal debt ceased . The authorities which held the other way came from ...
... land being held as a mere pledge to secure the debt , and held only as security for it , the right of recovery upon the mortgage was gone when liability upon the principal debt ceased . The authorities which held the other way came from ...
80 ÆäÀÌÁö
... lands in States only as private persons do ; and , the State having by statute provided that a grantor of land will be estopped to deny the title which his deed purports to convey , the United States cannot make a different rule . Per ...
... lands in States only as private persons do ; and , the State having by statute provided that a grantor of land will be estopped to deny the title which his deed purports to convey , the United States cannot make a different rule . Per ...
84 ÆäÀÌÁö
... land were not issued until after the deeds were made . The theory upon which this position rests is , that as the lands were originally secured from the government by pre - emption , under the Act of 1841 ( which fact the plaintiff ...
... land were not issued until after the deeds were made . The theory upon which this position rests is , that as the lands were originally secured from the government by pre - emption , under the Act of 1841 ( which fact the plaintiff ...
86 ÆäÀÌÁö
... lands under it ; and a very large proportion of all the lands in the new States to - day is held by pre - emption entries . The prac- tice during all this period has been for the pre - emptor to sell and convey the land after making his ...
... lands under it ; and a very large proportion of all the lands in the new States to - day is held by pre - emption entries . The prac- tice during all this period has been for the pre - emptor to sell and convey the land after making his ...
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action admitted alleged answer appear applied assignment attachment authority bill bonds brought cause charge City claim commissioners condition Congress consideration considered constitution construction contract debt decision deed defendant delivered delivery direct District Court dollars draft duty effect entered entry error evidence exception execution exercise express fact filed give given ground held hold hundred indorsement instruction intended interest issued Johnson judge judgment jurisdiction jury Justice land legislature liable limited matter means ment mortgage Nebraska necessary objection opinion paid party passed patent payee payment person petition plaintiff possession present proceedings purchaser question railroad reason received record recover reference refused rendered rule saline says sect Smith statute sufficient taken term testimony thing tion trial United void White
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136 ÆäÀÌÁö - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
250 ÆäÀÌÁö - ... or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud unless it shall be made to appear on the part of the persons claiming under such sale or assignment that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
482 ÆäÀÌÁö - ... that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons...
304 ÆäÀÌÁö - Ignorantia juris haud excusat" ; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to...
120 ÆäÀÌÁö - ... on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified: Provided, however, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry; and if, at the expiration of such time, or at any time within two years thereafter, the person making such entry; or, if he be dead, his widow; or in case of her death, his heirs or devisee...
399 ÆäÀÌÁö - The property of no person shall be taken for public use without just compensation therefor.
250 ÆäÀÌÁö - ... be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
120 ÆäÀÌÁö - ... the person making such entry; or, if he be dead, his widow; or in case of her death, his heirs or devisee ; or in case of a widow making such entry, her heirs or devisee, in case of her death; shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit...
482 ÆäÀÌÁö - ... all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void.
5 ÆäÀÌÁö - HARLAN delivered the opinion of the court. This is an original application to this court for a writ of habeas corpus. The petitioner, David S.