Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 30H.O. Houghton and Company, 1862 - Law reports, digests, etc |
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Common terms and phrases
13 Mass action alleged appear assigned ASSUMPSIT attachment averment bail bank beach bill bond bricks Castine charge cited claim commissioners committee common common law commonwealth contended contract conveyance conveyed count Court court of equity creditors damages debt decease declaration deed defendant delivered the opinion demand equity execution executor fact garnishees grant guardian heirs held highway husband ibid indorsed intended interest Johns Jonathan Grout Jones River Josiah Flagg judge of probate judgment jury justice land liable libel marriage Marshfield ment metes and bounds mortgage nonsuit notice objection officer owner paid parol evidence parties payment person petitioners Pick plaintiff plea pleaded possession proceedings promissory note proved provision question real estate recover river rule scire facias seised seisin SHAW C. J. Sheldon South Carolina statute sufficient suit tenant testator tion town trial trust verdict versus wife witness writ
Popular passages
Page 4 - ... unless the 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, or some other person thereunto by him lawfully authorised...
Page 4 - ... upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or 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, or some other person by him thereunto lawfully authorized...
Page 200 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 282 - ... the opinion of the Court. This is a contract not under seal, but the same rules govern the construction of it as those applicable to cases of covenant. The only question which would seem to be presented by the facts is, whether in a contract between parties, relative to the same subject-matter, some stipulations may be mutual and independent, and others dependent and mutually conditional ; and this question was settled in the case of Couch v. Ingersoll, 2 Pick. 292. Indeed the point in question...
Page 199 - Chalk afterwards, to wit, on the day and year last aforesaid, with force and arms at the parish aforesaid, in the...
Page 77 - ... the burden of proof. It does not shift, though the weight in either scale may at times preponderate. But where the party having the burden of proof gives competent and prima facie evidence of a fact, and the adverse party, instead of producing proof which would go to negative the same proposition of fact, proposes to show another and a distinct proposition which avoids the effect of it, there the burden of proof shifts, and rests upon the party proposing to show the latter fact.
Page 76 - ... control it, or he will fail. Still the proof upon both sides applies to the affirmative or negative of one and the same issue, or proposition of fact ; and the party whose case requires the proof of that fact, has all along the burden of proof. It does not shift, though the weight in either scale may at times preponderate.
Page 119 - ... warranty against all lawful claims and demands, he cannot be allowed to set up against his grantee or those claiming under him, any title subsequently acquired, either by purchase or otherwise.
Page 257 - The which clearly to determine, it is declared that in all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor of the land adjoining, shall have propriety to the low water mark, where the sea doth not ebb above a hundred rods, and not more wheresoever it ebbs further...
Page 554 - There must be something more than expediency in the case ; the sale should be indispensably requisite. The reasons for it should be cogent. We mean a necessity which leaves no alternative ; which prescribes the law for itself, and puts the party in a positive state of compulsion to act.