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17 Mass action administrator alleged amount answer assignment assumpsit attachment averred bill bill of lading bond Boston charged choses in action cited claim common law Common Pleas Commonwealth contended contract conveyance Court court of equity covenant creditors damages debt debtor declaration deed defendant defendant's delivered the opinion demand discharge dollars Dorr Edgartown entitled equity evidence execution executor fact fee simple fendant given guaranty heirs held Horace Smith indenture indorsed insolvent intention interest Isaac Ryan Johns Joseph Peirce judge of probate judgment jury land liable ment mortgage nonsuit North Brookfield notice objection officer owner paid Parker C. J. delivered parties payment person Pick plaintiff pleaded possession preferred creditors principal promissory note proved purchased question real estate received recover seisin selectmen settlement Smith statute sufficient suit surety tenant testator tion town trespass trial trustee verdict versus vessel Williams witness writ
Page 325 - It is provided also that a man from henceforth shall have a writ of waste in the Chancery against him that holdeth by law of England, or otherwise for term of life, or for term of years, or a woman in dower; and he which shall be attainted of waste shall lose the thing that he hath wasted, and moreover shall recompence thrice so much as the waste shall be taxed at.
Page 331 - 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Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the Legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Page 387 - The rule does not exclude the application of common sense to the terms made use of in the act in order to avoid an absurdity, which the legislature ought not to be presumed to have intended.
Page 328 - ... and condition. The common law, thus claimed, was the common law of their native country, as it was amended or altered by English statutes in force at the time of their emigration. Those statutes were never re-enacted in this country, but were considered as incorporated into the common law. Some few other English statutes, passed since the emigration, were adopted by our courts, and now have the authority of law derived from long practice.
Page 354 - WHITE delivered the opinion of the Court. The principal question in this case...
Page 103 - The law supposes that the corporation promises or undertakes to do its duty, and subjects it to answer in a proper action for its defaults, whether of non-feasance or misfeasance.
Page 159 - I exceedingly commend the judges that are curious and almost subtil (astuti) to invent reason and means to make acts according to the just intent of the parties, and to avoid wrong and injury, which by rigid rules might be wrought out of the Act ; " and my Lord Hale in the case of Crossing and Scudamore, 1 Vent.
Page 306 - If a man will improvidently bind himself up by a voluntary deed, and not reserve a liberty to himself by a power of revocation, this court will not loose the fetters he hath put upon himself, but he must lie down under his own folly ; for if you would relieve in such a case, you must consequently establish the proposition, viz.
Page 236 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.