Pacific States Reports: Extra Annotated, Book 8Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 21
... equity on the part of the plaintiffs to subject the land to the payment of their stale claim ? William Barber , also , for Respondents Laurencel and Eldredge . Giving the plaintiffs the benefit of the common law doctrine respecting ...
... equity on the part of the plaintiffs to subject the land to the payment of their stale claim ? William Barber , also , for Respondents Laurencel and Eldredge . Giving the plaintiffs the benefit of the common law doctrine respecting ...
Page 33
... Equity were not within the statute , because its words applied only to particular legal forms of action ; but they still applied the statute to suits in equity , in obedience to the law . Thus , as an action for the recovery of real ...
... Equity were not within the statute , because its words applied only to particular legal forms of action ; but they still applied the statute to suits in equity , in obedience to the law . Thus , as an action for the recovery of real ...
Page 34
... Equity always proceeded , upon general principles of their own , even where there was no analogous statutable bar , and refused re- lief to stale demands , where a party had slept upon his right and acquiesced for a great length of time ...
... Equity always proceeded , upon general principles of their own , even where there was no analogous statutable bar , and refused re- lief to stale demands , where a party had slept upon his right and acquiesced for a great length of time ...
Page 37
... Equity . " ( Id . 399. ) In the present case Fossatt entered into possession in good faith , in the belief that he ... Equity to refuse them all aid , at least , until they had fully indemnified Fossatt and those claim- ing under him for ...
... Equity . " ( Id . 399. ) In the present case Fossatt entered into possession in good faith , in the belief that he ... Equity to refuse them all aid , at least , until they had fully indemnified Fossatt and those claim- ing under him for ...
Page 124
... Equity to correct mistakes in written con- tracts is clear and undoubted . And in such case the mistake may be proved by parol evidence , though such proof should fully and clearly establish the facts . ( Wagonblast v . Washburn , 12 ...
... Equity to correct mistakes in written con- tracts is clear and undoubted . And in such case the mistake may be proved by parol evidence , though such proof should fully and clearly establish the facts . ( Wagonblast v . Washburn , 12 ...
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Common terms and phrases
affidavit affirmed alleged amount answer appeal applied assessed assigned attorney avers Central Pacific Railroad claim commenced common carriers common law complaint concurring contract conveyance conveyed counsel County Court of Equity Court-NORTON creditors CROCKER debt decree deed defendant delivered the opinion demurrer denied District Court dollars Duff entitled error estoppel evidence execution facts filed foreclosure grant ground held homestead interest issued J. R. Robertson Judge judgment Judicial District jurisdiction jury land levied liable lien ment mining mortgage motion notice objection owner parties partnership payment person plaintiff pleadings possession Practice Act premises Probate Court proceedings provides purchaser question railroad real estate record recover refused remittitur rendered Respondent rule Santa Clara County set-off Sheriff Solano County sold statute Statute of Limitations sufficient suit taxes tenant thereof tion tract trial valid verdict void wife witness
Popular passages
Page 520 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 326 - ... that the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Page 37 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Page 221 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 610 - An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.
Page 294 - 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 532 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the Legislature intended them as a whole, and...
Page 112 - The powers of the government of the state of California shall be divided into three separate departments: The legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 244 - Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 66 - The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.