Practice Reports In The Supreme Court And Court Of Appeals (volume 16)

Paperback | February 3, 2012

byNathan Howard

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859. Excerpt: ... Struver agt. The Ocean Insurance Company. tenders a stipulation to bid on the sale of the said premises in one parcel, the whole amount of principal and interest due and to become due on said bond and mortgage, with costs so as to leave no deficiency for which the defendants will be responsible, seems to me to bring the case within the statute, and within the case in 1 Paige, 450, making it the duty of the court to decree a sale of the whole premises in one parcel, as most beneficial to the parties. The defendants present, it is true, some offers to purchase particular parcels, but these should have been made to the referee, so that he might have inquired whether the persons making such offers were responsible persons, and whether the land proposed to be purchased by them, could properly be separated and sold within the principles above stated; which I think so improbable that I do not think it expedient to send down the case to the referee for further examination. The exceptions to the report of the referee must, therefore, be-disallowed, and the said report confirmed, and a decree for the sale of the whole premises in one parcel be made accordingly. Decree accordingly. SUPEEME COURT. Struver and others agt. The Ocean Insurance Company. In order to ascertain and determine whether a defonce is a demurrer or an answer, it is only necessary to ascertain whether it requires that any facts should be proved or not A defect in a complaint may arise from having too many or too few parties; and cither defect appearing on the faco of the complaint is the subjoct of demurrer. Where the defendants in a portion of their answer took tho objection of a want of parties in the complaint, held that it must be considered as a demurror, and as they could not answer and demu...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859. Excerpt: ... Struver agt. The Ocean Insurance Company. tenders a stipulation to bid on the sale of the said premises in one parcel, the who...

Format:PaperbackDimensions:208 pages, 9.69 × 7.44 × 0.44 inPublished:February 3, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217035825

ISBN - 13:9780217035828

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