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action actual admitted agreement alleged amount answer appears appellant applied asked assignment association authority bank benefit bill building C. E. Gr called cause charge circumstances claim complainant complainant's condition consent consideration considered contract conveyance conveyed corporation counsel court creditors death debt decree deed defendant defendant's direct easement effect entirely entitled equity established evidence executed executor fact follows fraud further give given ground hand heirs held husband intention interest John judgment land Lawrence lived matter means mortgage notice object opinion owner paid parties passed payment person possession premises present principal proof purchaser question real estate reason received reference respondent result rule says share stand Starr statute Stew street suit taken tion trust wife witness
47 페이지 - There is no doubt that, where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract, on the one hand, to, and to charge with liability, on the other, the unnamed principals...
572 페이지 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
356 페이지 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
203 페이지 - August 20th of same year, this court granted a rule to show cause why the judgment should not be opened and defendant let into a defense.
369 페이지 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
490 페이지 - But no such damages shall be adjusted and paid until thoroughly examined and passed upon by the Commissioner of Indian Affairs and the Secretary of the Interior...
95 페이지 - the principles and rules of the common law, as now universally known and understood, are so strong against fraud in every shape, that the common law would have attained every end proposed by the statutes 13 Eliz. c. 5, and 27 Eliz. c. 4. The former of these statutes relates to creditors only : the latter to purchasers. These statutes cannot receive too liberal a construction, or be too much extended in suppression of fraud.
47 페이지 - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals ; and this, whether the agreement be or be not required to be in writing by the statute of frauds ; and this evidence in no way contradicts the written agreement.
25 페이지 - Where there is no gift but by a direction to pay, or divide and pay, at a future time, or on a given event, or to transfer ' from and after ' a given event, the vesting will be postponed till after that time has arrived, or that event has happened, unless, from particular circumstances, a contrary intention is to be collected.