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action adverse possession affirmed alleged allowed amendment amount answer appeal apply Attorney authority bill cause charge circuit court claim complaint considered constitution construction contract corporation counsel damages deed defendant determine Dodge County duty effect entered error evidence exceptions executed facts follows fraud further give given granted ground held intended interest issue judge judgment jurisdiction jury land limits matter ment mill Milwaukee mortgage motion necessary notice objection opinion original paid parties payment person plaintiff possession premises present proceedings proof proper prove provision purchase question railroad Railway reason received record refused respondent rule seems statute sufficient suit sustained taken term testimony thereof tion town trial valid verdict warranty witness
Página 420 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Página 467 - ... of an estate for a valuable consideration purges away the equity from the estate in the hands of all persons who may derive title under it, with the exception of the original party, whose conscience stands bound by the violation of his trust and meditated fraud.
Página 466 - And, generally, it may be stated as a rule on this subject, that where a purchaser cannot make out a title but by a deed, which leads him to another fact, he shall be presumed to have knowledge of that fact.
Página 478 - ... the charge. Upon this subject, a Court of Equity is not guided by the rules of law. It will sometimes hold a charge extinguished, where it would subsist at law; and sometimes preserve it, where at law it would be merged. The question in ordinary cases is upon the intention, actual or presumed, of the person in whom the interests are united.
Página 79 - In determining the value the assessor shall consider, as to each piece, its advantage or disadvantage of location, quality of soil, quantity of standing timber, water privileges, mines, minerals, quarries, or other valuable deposits known to be available therein, and their value.
Página 77 - If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the attachment was made.
Página 229 - To maintain the right to a watercourse or brook, it must be made to appear that the water usually flows in a certain direction, and by a regular channel, with banks or sides. It need not be shown to flow continually, as stated above, and it may at times be dry; but it must have a well-defined and substantial existence": Angell on Watercourses (6 ed), §4.
Página 510 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Página 477 - Before we conclude, it may be proper to observe,that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate, the less is immediately annihilated, or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.