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Bibliographic Details

Title

Selected Cases on Real Property (Classic Reprint)

Publisher

Forgotten Books

Publication Date

2024

Language

English

ISBN 10

0364646152

ISBN 13

9780364646151

Binding

Paperback

Condition

New

Book Type

print-on-demand item

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About this title

Synopsis

Excerpt from Selected Cases on Real Property<br/><br/>Terry, C. J. This was an action to recover possession of a mining claim, the plaintiff alleging title and prior possession. The defendant set up a title by purchase at a sale under execution. A demurrer to the answer, on the ground that the facts stated constituted no defense, was sustained by the court below, and a judgment rendered in favor of plaintiff. The question presented is, whether a mining claim is liable to seizure and sale under execution. By our statute, all goods, chattels, moneys, and other property, real and personal, of the judgment debtor, not exempt by law, is liable to execution. Property is the exclusive right of possessing, enjoying, and disposing of a thing; it is the right and interest which a man has in lands and chattels, to the exclusion of others and the term is sufficiently com prehensive to include every species of estate, real or personal; Jackson v. Housel, 17 Johns. 283; Doe. Lessee v. Langlands, I4 East. 370. The legislature have by a series of enactments recognized the right of the miner to take and occupy, for mining purposes, a portion of the public domain; and have provided a remedy by action against all who trespass on his possession.

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Store Description

Forgotten Books? Classic Reprint Series utilizes the latest technology to regenerate facsimiles of historically important writings. Careful attention has been made to accurately preserve the original format of each page whilst digitally enhancing the quality of the aged text.

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FB &c Ltd
Dalton House, 60 Windsor Avenue, London, SW19 2RR, United Kingdom

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