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act of bankruptcy action aforesaid afterwards agreed alleged appears appraisement assigned assumpsit attached authority award bill of lading bond cargo cause claim commenced common law Common Pleas commonwealth condition contended contract conveyance conveyed corporation costs counsel covenants creditor damages debt debtor declaration deed defendant defendant's delivered demand demurrer deputy discharged dollars dower duly endorser entitled evidence execution executor facts fee simple feoffment heirs holden indictment inhabitants insured intention ISAAC PARKER issue judge judgment jury justice land legislature liable marriage ment Merrimack River mortgage nonsuit objection opinion paid parish Parker parties payable payment Pejepscut Proprietors person petitioners plaintiff plaintiff in error pleaded principal proceedings promise promissory note proved question received recognizance recover referees rendered replevin scire facias seised seisin settlement sheriff ship statute sufficient suit tenant THEODORE SEDGWICK thereof tion town trespass trial trustee usurious verdict versus void writ
Page 160 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 67 - The case was tried by the court in lieu of a jury, upon an agreed statement of facts, from which it appears that the plaintiff...
Page 274 - Congress above mentioned and an act laying an embargo on all ships and vessels in the ports and harbors of the United States and the several acts supplementary thereto, may be renewed.
Page 232 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Page 58 - I have good right to sell and convey the same as aforesaid ; and that I will and my heirs, executors, and administrators, shall warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of all persons.
Page 242 - Suppose A owes B £100, and B owes C £100, and the three meet and it is agreed between them that A shall pay C the £100, B's debt is extinguished, and C may recover the sum from A.
Page 199 - ... if the court should be of opinion that the plaintiff was entitled to recover.
Page 42 - Holt, and agreed to by the whole bench, " that if a contract be per verba de prcesenti, it amounts to an actual marriage, which the very parties themselves cannot dissolve by release or other mutual agreement; for it is as much a marriage in the sight of God as if it had been in facie Ecclesice...