Void Execution, Judicial and Probate Sales: And the Legal and Equitable Rights of Purchasers Thereat, and the Constitutionality of Special Legislation Validating Void Sales and Authorizing Involuntary Sales in the Absence of Judicial ProceedingsCentral law journal Company, 1890 - 178 σελίδες |
Άλλες εκδόσεις - Προβολή όλων
Void Execution, Judicial and Probate Sales Abraham Clark Freeman Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2019 |
Συχνά εμφανιζόμενοι όροι και φράσεις
action administrator Admr applied authority Bank Blankman Boyd Brenham Brown chancery claim Clark confirmation constitution convey conveyance court of equity creditors Curative Statutes Davis debts decedent decree defect defendant devisees divested entitled execution sale executor fact Freeman on Executions granted Gratt guardian heirs held interest Iowa irregularity issue Johnson Jones judge judicial sale jurisdic jurisdiction justice land legislative legislature letters testamentary levy license to sell lien matter Miller Minn Minnesota Co minor Miss mistake mortgage N. W. Rep notice officer Ohio St omission order of sale paid parties payment petition plaintiff principle probate court probate sales proceedings proceeds purchase money question real estate Rhode Island rule service of process sheriff sheriff's deed Smith sold special act statute subrogated subsequent sufficient Taylor thereof tion valid void sale void.¹ voidable ward Wend Williamson Wilson writ
Δημοφιλή αποσπάσματα
Σελίδα 116 - That government," says Story, "can scarcely be deemed to be free where the rights of property are left solely dependent upon the will of a legislative body without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred.
Σελίδα 131 - But this doctrine is not understood to apply to remedial statutes, which may be of a retrospective nature, provided they do not impair contracts or disturb absolute vested rights, and only go to confirm rights already existing, and in furtherance of the remedy, by curing defects, and adding to the means of enforcing existing obligations.
Σελίδα 116 - ... so as such laws, ordinances, and constitutions so made be not contrary and repugnant unto, but as near as may be, agreeable to the laws of this our realm of England, considering the nature and constitution of the place and people there...
Σελίδα 144 - In the government of this State, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connexion that binds the whole fabric of the constitution in one indissoluble bond of unity and amity.
Σελίδα 130 - Is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it by subsequent statute; and If the irregularity consists in doing some act, or in the mode or manner of doing some act, which the Legislature might have made immaterial by prior law, It Is equally competent to make the same immaterial by a subsequent law.
Σελίδα 25 - If any of the matters here enumerated cannot be ascertained, it must be so stated in the petition; but a failure to set forth the facts showing the sale to be necessary will not invalidate the subsequent proceedings, if the defect be supplied by the proofs at the hearing, and the general facts showing such necessity be stated in the decree.
Σελίδα 164 - ... administrator, he may at once sell and dispose of the property, and has the same right to judge for himself of the relative advantages of selling or holding that any other owner has.
Σελίδα 89 - It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor as a matter of course without any agreement to that effect.
Σελίδα 29 - ... the amount due upon the family allowance or that will be due after the same has been in force for one year; the debts, expenses, and charges of administration already accrued, and an estimate of what will or may accrue during the administration...
Σελίδα 144 - New Hampshire, was denied. The judges say : " The objection to the exercise of such a power by the legislature is, that it is in its nature both legislative and judicial. It is the province of the legislature to prescribe the rule of law, but to apply it to particular cases is the business of the courts of law. And the thirty-eighth article in the Bill of Rights declares that