Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa. [1847-1854], Svazek 3S. Hoyt, printer, New York, 1857 |
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action affidavit agreement alleged amount appears appellee assigned assumpsit attorney authority aver bill of exceptions bond cause charge claim common law complainant contract counsel court erred court of equity creditors debt decision declaration decree deed defendant defendant's demurrer dollars equity ERROR to Lee evidence execution facts fee simple filed fraud grand jury Half Breed Half Breed tract indictment indorsement instruction interest issue J. C. Hall John Judgment affirmed Judgment reversed jurisdiction justice Keokuk land Lee county Lee District Court levy liable ment mortgage motion Neilin notice objection Opinion by GREENE Opinion by KINNEY overruled parole parties payment person petition plaintiff in error plea possession proceedings proof provides purchase question record recover Reid rendered replevin rule sheriff sheriff's deed Stat statute sufficient suit term testimony thereof tiel tion trial verdict witness writ of attachment
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Strana 465 - Fraud, which may be collected and inferred, in the consideration of a Court of Equity, from the nature and circumstances of the transaction, as being an imposition and deceit on other persons, not parties to the fraudulent agreement.
Strana 465 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself, such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other...
Strana 326 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting debt, which the party is liable and willing to pay.
Strana 401 - This rule applies as well to every judgment or decree rendered in the various stages of their proceedings, from the initiation to their completion, as to their adjudication that the plaintiff has a right of action.
Strana 464 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Strana 413 - Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.
Strana 287 - ... the clear proceeds of all property that may accrue to the State by forfeiture or escheat, and all moneys •which may be paid as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws...
Strana 465 - A third kind of fraud is, which may be presumed from the circumstances and condition of the parties contracting ; and this goes farther than the rule of law; which is, that it must be proved, not presumed; but it is wisely established in this court to prevent taking surreptitious advantage of the weakness or necessity of another ; which knowingly to do is equally against conscience as to take advantage of his ignorance ; a person is equally unable to judge for himself in one as the other.
Strana 466 - Where the party, intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him; in every such case, there is a positive fraud, in the truest sense of the terms; there is an evil act, with an evil intent; dolum malum, ad circumveniendum.
Strana 176 - ... true, judicially ; and if they should be untrue by reason of mistake or otherwise, the aggrieved party must resort to the authorities where the judgment was rendered for redress ; for he could not be allowed to contradict the record by a plea and by an issue to the country thereon. But if the record does not show any service of process, or any appearance in the suit, we think he may be allowed to avoid the effect of the judgment here, by showing that he was not within the jurisdiction of the...