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action admitted adverse possession affidavit agent ALBANY allowed amount appear apply attorney authority bill bond brought called cause charge circuit circumstances cited claim common considered contract costs counsel course court Cowen Curia damages debt decided deed defendant delivered demand denied directed entered entitled error evidence examination exceptions execution fact give given granted ground heirs held intended interest issue Jackson John judge judgment jury justice land liable matter meaning ment motion moved necessary NEW-YORK notice objection offered opinion owner paid party passed payment person plaintiff plea pleaded possession premises present principle proceedings proof proved purchase question reason received record recover relation rule sheriff statute sufficient suit taken term tion trial tried unless verdict vessel witness writ
Page 195 - Presumptions of this nature are adopted from the general infirmity of human nature, the difficulty of preserving muniments of title, and the public policy of supporting long and uninterrupted possessions. They are founded upon the consideration, that the facts are such as could not, according to the ordinary course of human affairs, occur unless there was a transmutation of title to, or an admission of an existing adverse title in, the party in possession.
Page 322 - A lease is a contract for the possession and profits of lands and tenements on the one side, and a recompense of rent or other income on the other; or it is a conveyance of lands and tenements to a person for life, or years, or at will, in consideration of a return of rent or other recompense.
Page 452 - I take it to be clear, that an agent who receives money for his principal, is liable, as a principal, so long as he stands in his original situation, and until there has been a change of circumstances, by his having paid over the money to his principal, or done something equivalent to it.
Page 595 - Every right, from an absolute ownership in property, down to a mere easement, is purchased and holden subject to the restriction, that it shall be so exercised as not to injure others.
Page 702 - There would be a great difficulty in saying at what time such a bill should be presented for acceptance. The courts have been very cautious, in fixing any time for an inland bill, payable at a certain period after sight, to be presented for acceptance; and it seems to me more necessary to be cautious with respect to a foreign bill payable in that manner. I do not see how the courts can lay down any precise rule on the subject.
Page 203 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 108 - ... ought to be tried in any other county than that in which it is committed ; except in cases of general insurrection in any particular county, when it shall appear to the judges of the superior court that an impartial trial cannot be had...
Page 610 - ... tending either to blacken the memory of one who is dead or the reputation of one who is alive, and to expose him to public hatred, contempt or ridicule.
Page 90 - It is a general principle that the party who sets up a title must furnish the evidence necessary to support it. If the validity of a deed depends on an act in pais, the party claiming under that deed is as much bound to prove the performance of the act as he would be bound to prove any matter of record on which its validity might depend. It forms a part of his title; it is a link in the chain which is essential to its continuity, and which it is incumbent on him to preserve.