Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of MassachusettsLittle, Brown, 1864 |
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action agreed agreement Allen American Exchange Bank amount answer appears application arrest assignment authority averment BIGELOW bond Boston by-laws canal cited claim common law Commonwealth condition contract conveyance conveyed count creditors Cush damages debtor debts declaration deed defendant's demurrer discharge dollars easement entitled equity of redemption evidence Exceptions overruled executed executor facts fendant Fitchburg funds granted grantor Gray Greenl held indictment indorsed Inhabitants insolvency Insurance Company intent interest Jamaica Pond judgment justice land Leominster liable lien ment mill corporation mortgage necessary objection owner paid parties payable payment person petitioners Pick plaintiff pond premises promissory note prove provision purchase purpose question Railroad Company reason received recognizance recover rendered Roxbury seaworthiness statute sufficient superior court sustained taken tenant thereof tion town trial trust usage usurious valid vessel void voyage warranty West Roxbury wife writ
Popular passages
Page 199 - Denton during their joint lives and the life of the survivor of them, and after the death of the survivor of them...
Page 195 - When, therefore, it appears by a fair interpretation of the words of a grant that it was the intent of the parties to create or reserve a right, in the nature of a servitude or easement in the property granted, for the benefit of other land owned by the grantor and originally forming with the land conveyed one parcel, such right will be deemed appurtenant to the land of the grantor and binding...
Page 168 - And for great ponds lying in common, though within the bounds of some town, it shall be free for any man to fish and fowl there, and may pass and repass on foot through any man's propriety for that end, so they trespass not upon any man's corn or meadow.
Page 266 - No subsidy, charge, tax, impost, or duties ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature.
Page 513 - Hereafter, when volunteers are to be mustered into the service of the United States, they will, at the same time, be minutely examined by the surgeon and assistant surgeon of the regiment, to ascertain whether they have the physical qualifications necessary for the military service.
Page 405 - I agree that the intention to execute the power must be apparent and clear, so that the transaction is not fairly susceptible of any other interpretation. If it be doubtful under all the circumstances, then that doubt will prevent it from being deemed an execution of the power.
Page 405 - English authorities, that three classes of cases have been held to be sufficient demonstrations of an intended execution of a power: (1) Where there has been some reference in the will, or other instrument, to the power ; (2) Or a reference to the property, which is the subject on which it is to be executed ; (3) Or where the provision in the will or other instrument, executed by the donee of the power, would otherwise be ineffectual, or a mere nullity ; in other words, it would have no operation,...
Page 53 - It is also a most obvious principle of justice that no man ought to be bound by proceedings to which he was a stranger ; but the converse of this rule is equally true, that by proceedings to which he was not a stranger, he may well be held bound. Under the term 'parties...
Page 134 - And the said applicant hereby covenants and agrees to and with said company, that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk...
Page 266 - ... to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants, of, and persons resident, and estates lying, within the said Commonwealth; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandise, and commodities whatsoever, brought into, produced, manufactured, or being within the same...