American Law Reports Annotated, Svazek 44Lawyers Co-operative Publishing Company, 1926 |
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Strana 85
... mortgage should not be corrected as against him on the ground that he is a bona fide purchaser , introduce evi- dence of his claim as such a pur- chaser ; and in the absence of such evidence it is proper to decree a ref- ormation of the ...
... mortgage should not be corrected as against him on the ground that he is a bona fide purchaser , introduce evi- dence of his claim as such a pur- chaser ; and in the absence of such evidence it is proper to decree a ref- ormation of the ...
Strana 86
... mortgage reformed so as to include the land sold under execution . Vitito v . Hamilton ( 1882 ) 86 Ind . 137 . A purchaser at an execution sale who has no actual notice of an exist- ing equity to have a mortgage or deed rectified so as ...
... mortgage reformed so as to include the land sold under execution . Vitito v . Hamilton ( 1882 ) 86 Ind . 137 . A purchaser at an execution sale who has no actual notice of an exist- ing equity to have a mortgage or deed rectified so as ...
Strana 87
... mortgage as a pur- chase for a valuable consideration ; and if there is nothing to charge the second mortgagee with knowledge of a mistake in the description of a pre- viously executed mortgage , intended to cover the same property ...
... mortgage as a pur- chase for a valuable consideration ; and if there is nothing to charge the second mortgagee with knowledge of a mistake in the description of a pre- viously executed mortgage , intended to cover the same property ...
Strana 88
... mortgage and the note secured thereby cannot be re- formed as against parties without no- tice of the mistake , to whom the mort- gagee , before maturity , assigned the note and mortgage upon the agree- ment of such parties to furnish ...
... mortgage and the note secured thereby cannot be re- formed as against parties without no- tice of the mistake , to whom the mort- gagee , before maturity , assigned the note and mortgage upon the agree- ment of such parties to furnish ...
Strana 89
... mortgage will not be corrected by equity at the instance of the mortgagee , who was informed of a mistake in the description on the day after the mortgage was executed , but negligently omitted to take any steps to secure its correction ...
... mortgage will not be corrected by equity at the instance of the mortgagee , who was informed of a mistake in the description on the day after the mortgage was executed , but negligently omitted to take any steps to secure its correction ...
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action alleged amount annotation appeared appellant arrest assets Bank bona fide purchaser bond breach buyer capital stock cent charge claim contract price corporation court held court of equity covenant creditors deed defendant defendant's difference eminent domain encumbrance equity evidence executor fact fendant grantee holders injury judgment jury land liable lien liquor Lumber manufactured market price market value measure of damages ment mortgage N. J. Eq N. Y. Supp National Surety Co negligence nominal damages notice officer paid party payment person place of delivery plaintiff plaintiff in error preferred stock purchaser question R. C. L. Supp reason received reduction reformed refused resale rule sell seller seller's damages shares sold statute stockholders supra tion tort tract trial trust
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Strana 477 - Ix'fore the district court (a trial by jury having been waived), and after hearing the evidence presented by plaintiff, Gramm (the defendant introducing none), the court found as follows: "And the court, being fully advised in the premises, finds that there Is due from the said defendant to the said plaintiff the sum of $22.20, together with interest on said sum from the 3d day of December, 1895,— being the amount...