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Russell Vs. Southard

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  • US Supreme Court
  • Jan 01, 1851

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61 entries 3 linked 58 unlinked
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  1. Swift Vs. Tyson US Supreme Court · Jan 01, 1842
  2. Foxcroft Vs. Mallett US Supreme Court · Jan 01, 1846
  3. Hicks Vs. Hicks Kolkata · May 01, 1882
  4. U.S. 139 (1851) U.S. Supreme Court Russell v. Southard
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  5. U.S. 12 How. 139 139 (1851) Russell v. Southard
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  6. practiced under the shelter of any written papers, however precise and complete they may appear to be. In Conway v. Alexander
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  7. and in Morris v. Nixon
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  8. These views are supported by many authorities. Maxwell v. Montacute
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  9. Dixon v. Parker
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  10. Prince v. Bearden
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  11. Oldham v. Halley
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  12. Whittick v. Kane
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  13. Taylor v. Luther
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  14. Flagg v. Mann
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  15. Overton v. Bigelow
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  16. Brainerd v. Brainerd
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  17. Wright v. Bates
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  18. McIntyre v. Humphries
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  19. of general equity jurisprudence, this Court must be governed by its own views of those principles. Robinson v. Page
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  20. United States v. Howland
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  21. we do not perceive that the rule held in Kentucky differs from that above laid down. That rule, as stated in Thomas v. McCormack
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  22. has stated this doctrine with more distinctness, than the Court of Appeals of the State of Kentucky. In Edrington v. Harper
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  23. what is alleged to have been the price bore no proportion to the value of the thing said to have been sold. Conway v. Alexander
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  24. Morris v. Nixon
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  25. Vernon v. Bethell
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  26. Edrington v. Harper
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  27. that in doubtful cases, the court leans to the conclusion that the reality was a mortgage, and not a sale. Conway v. Alexander
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  28. Page 53 U. S. 152 Flagg v. Mann
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  29. Secrest v. Turner
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  30. Crane v. Bonnell
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  31. Robertson v. Campbell
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  32. Poindexter v. McCannon
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  33. says the Lord Chancellor, in Vernon v. Bethell
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  34. but it is settled that this circumstance does not make the conveyance less effectual as a mortgage. Floyer v. Lavington
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  35. Lawley v. Hooper
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  36. Scott v. Fields
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  37. Ancaster v. Mayer
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  38. of the grantor to repay the money, be a conclusive test to determine whether the conveyance was a mortgage. In Brown v. Dewey
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  39. by words showing that the grantor had an option to pay or not, might constitute the grantee a creditor. Ancaster v. Mayer
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  40. though it contains no promise to pay it. In such a case it is settled that an action of assumpsit will lie. Tilson v. Warwick
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  41. Yates v. Aston
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  42. Burnett v. Lynch
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  43. Elder v. Rouse
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  44. A mortgagee in possession may take a release of the equity of redemption. Hicks v. Cook
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  45. the borrower. Strong language is used in some of the cases on this subject. It was declared by Lord Redesdale in Webb v. Rorke
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  46. And Chancellor Kent, in Holdridge v. Gillespie
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  47. U.S. Supreme Court Russell v. Southard
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  48. In Conway v. Alexander
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  49. Maxwell v. Montacute
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  50. Robinson v. Page
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