A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty: With an Appendix Containing the American and English Statutes of LimitationsLittle, Brown, and Company, 1861 - 494 halaman |
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Halaman 7
... debt should be discharged by payment , when the debtor might have availed himself of the statute of limitations , the payment cannot be recalled ; for it is such a recognition of the debt , as will repel any imputation that the ...
... debt should be discharged by payment , when the debtor might have availed himself of the statute of limitations , the payment cannot be recalled ; for it is such a recognition of the debt , as will repel any imputation that the ...
Halaman 15
... debts of long continuance was discouraged and restrained in Eng- land , practically , before the statute of James .. The wager of law , which was allowed in the action of debt upon simple contract , it has been urged , furnished this ...
... debts of long continuance was discouraged and restrained in Eng- land , practically , before the statute of James .. The wager of law , which was allowed in the action of debt upon simple contract , it has been urged , furnished this ...
Halaman 62
... debt , shall be considered as affecting the contract , like payment , release , or judgment , which in effect extinguish the contract , or whether they are to be considered as affecting the remedy , only by determining the time within ...
... debt , shall be considered as affecting the contract , like payment , release , or judgment , which in effect extinguish the contract , or whether they are to be considered as affecting the remedy , only by determining the time within ...
Halaman 73
... debt , is not the more protected from the operation of the statute because accompanied with property pledged as collateral security ; for it is not , on that account , the less subject to the mischief against which the statute was ...
... debt , is not the more protected from the operation of the statute because accompanied with property pledged as collateral security ; for it is not , on that account , the less subject to the mischief against which the statute was ...
Halaman 74
... debt is a lien on property personal or real , the lien is not impaired in consequence of the debt's being barred.4 Therefore , where a debt is due to A from B , by a promissory note , secured by a mortgage of real estate , though the ...
... debt is a lien on property personal or real , the lien is not impaired in consequence of the debt's being barred.4 Therefore , where a debt is due to A from B , by a promissory note , secured by a mortgage of real estate , though the ...
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Istilah dan frasa umum
acknowledgment action accrued administrator adverse possession assumpsit authority Bank Barr Penn barred begin to run bill brought cause of action cestui que trust Chief Justice cited claim commenced considered construction contract court of equity creditor Cush death debtor declaration deed defendant demand disability disseisin doctrine entitled evidence executor expiration feme covert formedon fraud Greenl heir held indorsed Jackson Johns judgment jury lapse lex loci contractus liable Lord Lord Mansfield Mass ment merchants mortgagee mortgagor opinion ouster owner paid party payment person Peters U. S. plaintiff plea plead the statute presumption principle promise to pay promissory note Rawle Penn recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute of limitations sued sufficient suit supra Supreme Court tenant in common testator tion twenty Watts Penn Wend writ of right
Bagian yang populer
Halaman 298 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Halaman cxlix - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Halaman xci - ... within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons, having no such impediment, should have done.
Halaman 88 - Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Halaman ciii - Action given or accrued, fallen, or come within the Age of twenty-one Years, Feme Covert, Non compos mentis, imprisoned, or beyond the Seas...
Halaman vi - ... within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Halaman xxxix - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Halaman xvi - ... or some person through whom he claims, shall, at any time previously to the creation of the estate or estates which shall have determined, have been in possession or receipt of the profits of such land, or in receipt of such rent.
Halaman cl - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Halaman cvii - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).