The Law of Mortgages, of Real and Personal Property: Being a General View of the English and American Law Upon that Subject, Volume 1

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Little, Brown, 1856 - 1302 halaman

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Halaman 579 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Halaman 415 - ... shall nevertheless be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.
Halaman 579 - A party, who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact which he can contradict, cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving.
Halaman 100 - The fair criterion by which the court is to decide whether this deed be a mortgage or not, I apprehend to be this, — Are the remedies mutual and reciprocal ? Has the defendant all the remedies a mortgagee is entitled to?
Halaman 579 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Halaman 268 - In Story's Equity Jurisprudence, section 411, the author says: "Indeed, purchasers of this sort \bonafide purchasers] are so much favored in equity, that it may be stated to be a doctrine now generally established, that a bona fide purchaser for a valuable consideration, without notice of any defect in his title at the time of his purchase, may lawfully buy in any statute, mortgage or other encumbrance upon the same estate for his protection.
Halaman 283 - ... petition of the executor, or administrator, to sell so much of the real estate as may be necessary to pay the debts and incidental charges. The manner in which the sale is made is prescribed by the general laws. In Massachusetts and Rhode Island, the license to sell is granted, as matter of...
Halaman 111 - ... as a security for the payment of a debt or the performance of some...
Halaman 143 - No land shall be purchased on account of the United States, except under a law authorizing such purchase.
Halaman 265 - ... from claiming a title to redeem, or otherwise to discharge one lien, which is prior, without redeeming or discharging the other liens also, which are subsequent to his own title.

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