Draft of a Civil Code for the State of New York

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Weed, Parsons, 1862 - 412 pages
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Page lxxii - Upon the hearing, the court must examine the return and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid disproportionate to the value, and if it appears that a sum exceeding such bid at least ten per cent exclusive of [the expenses of] a new sale may be obtained, the court may vacate the sale and direct another to be had...
Page xlix - The executor or administrator may require satisfactory vouchers in support of any claim presented and the affidavit of the claimant that the claim is justly due, that no payments have been made thereon, and that there are no offsets against the same, to the knowledge of the claimant.
Page 42 - A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.
Page xcvi - Secretary; 3. If against a minor under the age of fourteen years: to such minor personally, and also to his father, mother, or guardian; or if there be none within the State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Page 48 - ... an estate for life may be created in a term of years, and a remainder limited thereon ; a remainder of a freehold or chattel real, either contingent or vested, may be created expectant on the determination of a term of years...
Page 22 - The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto.
Page 122 - That words, in general, are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another can be collected, and that other can be ascertained; and they are, in all cases, to receive a construction which will give to every expression some effect, rather than one that will render any of the expressions inoperative; and of two modes of construction, that is to be preferred which will prevent a total intestacy.
Page 57 - Where an express trust relating to real property is created for any purpose not specified in the preceding sections of this article, no estate shall vest in the trustees ; but the trust, if directing or authorizing the performance of any act which may be lawfully performed under a power, shall be valid as a power in trust, subject to the provisions of this chapter.
Page 104 - ... void by reason of the actual possession of a person claiming under a title adverse to that of the grantor...
Page 11 - A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto : 1.

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