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 pages
 

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Page 577 - ... 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.
Page 415 - ... shall nevertheless be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.
Page 577 - 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.
Page 4 - Commentaries on the Conflict of Laws, Foreign and Domestic, in regard to Contracts, Rights, and Remedies, and especially in regard to Marriages, Divorces, Wills, Successions, and Judgments.
Page 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?
Page 577 - 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.
Page 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...
Page 111 - ... as a security for the payment of a debt or the performance of some...
Page 143 - No land shall be purchased on account of the United States, except under a law authorizing such purchase.
Page 160 - The limitation of a certain term, with a collateral determination on the event, would meet the difficulties of the case.") And therefore, if A. bargain and sell his land to B. on condition to re-enter if he pay him 100?., and B. doth covenant with A. that he will not take the profits until default of payment ; or that A. shall take the profits until default of payment ; in this case, howbeit this may be a good covenant, yet it is no good lease (" for want,

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