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Other editions - View allCommon terms and phrasesaction administrator aforesaid appear assignment assumpsit attachment attorney authority Bank bond Braintree Canedy claim commissioners common law common pleas Commonwealth contract conveyance conveyed corporation court of common court of equity creditor damages debt debtor decease declaration deed defendant defendant's demand devise dollars equitable lien equity evidence execution executor facts fee simple give grant Greenl heirs held highway indictment indorsed Inhabitants insolvent interest judgment jurors jury justice land liable lien mill mortgage nonsuit notice objection opinion parish Parker party payment person petition petitioner Pick plaintiff possession premises principal prove provisions purchase purpose question Rail Road real estate recover rent replevin rule rule in Shelley's Shaw statute statute of frauds suit surety tenant term thereof tion town trespass trial trustees verdict viii Wareham warrant West Cambridge Western Rail Road wife Wilmarth witness writ Popular passagesPage 71 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law... Page 159 - The case was submitted to the court upon the following agreed statement of facts : " The plaintiffs are the lessees of said mill, dam and privileges, as alleged in their declaration. Page 311 - No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded by the clerk of the town where the mortgagor resides. Page 50 - Still, if the other party have derived any benefit from his labour, it would be 'unjust to allow him to retain that without paying anything. The law, therefore, implies a promise on his part to pay such a remuneration as the benefit conferred upon him is reasonably worth, and, to recover that quantum of remuneration, an action of indebitatus assumpsit is maintainable. Page 392 - ... agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith... Page 70 - But here a very natural, and very material, question arises: how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; . the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land. Page 36 - ... who shall hold their office for one year and until others are chosen in their places. Page 106 - In damages to the extent of such injury to the person or corporation so injured; and any railroad corporation shall have an insurable interest in the property for which it may be so held responsible in damages along its route, and may procure insurance thereon in its own behalf. Page 75 - The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land. Their knowledge of that law is derived from experience and study . . . and from being long personally accustomed to the judicial decisions of their predecessors. Page 33 - ... done by him, he has no title to the same; and that, such act being done, and the possession thus acquired, the executory agreement of the debtor authorizing it, it will then become holden by virtue of a valid lien or pledge. Bibliographic information
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