A Treatise on the American Law of Vendor and Purchaser of Real Property, Τόμος 2

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Επιλεγμένες σελίδες

Άλλες εκδόσεις - Προβολή όλων

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 1134 - The fraud consists in stating that the party knows the thing to exist, when he does not know it to exist ; and if he does not know it to exist, he must ordinarily be deemed to know that he does not. Forgetfulness of its existence after a former knowledge, or a mere belief of its existence, will not warrant or excuse a statement of actual knowledge.
Σελίδα 662 - An express trust may be created for one or more of the following purposes: 1. To sell real property for the benefit of creditors; 2. To sell, mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon; 3.
Σελίδα 1023 - ... for such a length of time and under such circumstances as to satisfy the Court that the parent was unmindful of his parental duties, the Court shall not make an order for the delivery of the...
Σελίδα 1084 - ... the amount of damages which he has sustained by breach of the contract, but simply to defend himself by showing how much less the subject-matter of the action was worth, by reason of the breach of contract...
Σελίδα 707 - This leads to the reason for protecting an innocent purchaser, holding the legal title, against one who has the prior equity ; a court of equity can act only...
Σελίδα 971 - When a party with full knowledge, or at least with sufficient notice or means of knowledge, of his rights, and of all the material facts, freely does what amounts to a recognition of the transaction as existing, or acts in a manner inconsistent with its repudiation, or lies by for a considerable time and knowingly permits the other party to deal with the subject-matter under the belief that the transaction has been recognized, or freely...
Σελίδα 1012 - Importunity or threats, such as the testator has not the courage to resist; moral command asserted,, and yielded to for the sake of peace and quiet, or of escaping from distress of mind or social discomfort, — these, if carried to a degree in which the free play of the testator's judgment, discretion, or wishes is overborne, will constitute undue influence, though no force is either used or threatened.
Σελίδα 776 - A legal obligation or duty of the promisee to him will so connect him with the transaction as to be a substitute for any privity with the promisor, or the consideration of the promise, the obligation of the promisee furnishing an evidence of the intent of the latter to benefit him, and creating a privity by substitution with the promisor.
Σελίδα 1012 - On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will can be made.
Σελίδα 906 - In a suit founded on such part performance, the defendant is really 'charged' upon the equities resulting from the acts done in execution of the contract, and not (within the meaning of the statute) upon the contract itself.

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