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Seite 72 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Seite 118 - Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose to which he does not apply it, is a trustee, and may be sued either at law for money had and received, or in equity, as a trustee, for a breach of trust.
Seite 309 - Cases in which the guaranty or promise is collateral to the principal contract, but is made at the same time, and becomes an essential ground of the credit given to the principal or direct debtor. Here, as we have already seen, is not, nor need be, any other consideration, than that moving between the creditor and original debtor.
Seite 95 - Race was not too strong when he said, " they are not goods, nor securities, nor documents for debts ; but are treated as money, as cash, in the ordinary course and transaction of business by the general consent of mankind...
Seite 442 - Dougherty at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged, hath granted bargained and sold and by these presents doth grant, bargain and sell unto the said...
Seite 197 - America, to be paid to the said , his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, jointly and severally, for and in the whole, firmly by these presents.
Seite 474 - Here are mutual items of account ; and I take it to have been clearly settled, as long as I have any memory of the practice of the courts, that every new item and credit in an account, given by one party to the other, is an admission of there being some unsettled account between them, the amount of which is afterwards to be ascertained ; and any act which the jury may consider as an acknowledgment of its being an open account, is sufficient to take the case out of the statute.
Seite 118 - I cannot assent to the proposition, that all cases of direct and express trust, and arising between trustee and cestui que trust, are to be withdrawn from the operation of the statute of limitations, notwithstanding a clear and certain remedy exists at law. The word trust, is often used in a very broad and comprehensive sense Every deposit is a direct trust.
Seite 389 - It ought to have been a compensation. Those cases are very dissatisfactory. It was very right to say, the statute should not be an engine of fraud ; therefore, compensation would have been very proper. They have, however, gone farther; saying, it was clear there was some agreement, and letting them prove it.