American Practice Reports; Official Leading Cases in All State and Federal Courts

American Practice Reports; Official Leading Cases in All State and Federal Courts : Annotated and Systematically Arranged So as to Include in the Table of Cases of Each State Its Reported, Cited and Digested Practice Cases Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: to compel the vendor to remove certain incumbrances upon it it was held that a fact established therein and made the basis of a decree, could not be disputed in a subsequent action of covenant brought by the latter against the former for not conveying certain lands, part of the consideration, the court saying that the rule on that subject had found its way into every system of jurisprudence, not only from its obvious 'itness and propriety, but because without it an end could not be put to litigation; ir Smith v. Kernochen--which was ejectment by an assignee of a mortgage to recover possession of the mortgaged premises--that a final decree, in a previous suit, brought by the mortgagee against the mortgagor to foreclose the mortgage, adjudging the mortgage to be invalid for want of authority in the mortgagor to execute it, concluded the question of title, the court observing that the case came within the general rule that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence conclusive between the same parties or their privies upon the same matters when brought directly in question in another court; in Thompson v. Roberts, that the judgment of a com't of law, or a decree of a court of equity, directly upon the same point, and between the same parties, is good as a plea in bar, and conclusive when given in evidence in a subsequent suit; in Washington, Alexandria & Georgetown Steam Packet Co. v. Sickles, that to the end that rights might be secured and the repose of society preserved, and that limits might be imposed upon the faculties for litigation, the presumption had been adopted that the thing adjudged by a court of competent jurisdiction, under more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236956672
  • 9781236956675