Birth Date:
1795-10-16
Death Date:
1870-12-15
Litchfield Ledger:
Notes:
Neither volume is paginated;
Provenance:
Bookplate of C.S. Stewart, N.York 1822
Stewart, Charles Samuel
| Lecture Date | Lecturer | Opening Line | All terms |
|---|---|---|---|
| In this, as in other States, the descending line is preferred to the ascending and collateral lines. | Volume 1 Descents in New York | ||
| Gould, James | It is a general rule of the common law that when a party declares upon or otherwise pleads a deed & makes title under it, he must make profert of it. | Volume 2 Profert & oyer | |
| 1818-01-01 to 1818-12-31 | Gould, James | Definition: a devise is a mode of alienation & may be defined "a testamentary disposition of real property" | Devises, Volume 1 Title by devise |
| 1818-01-01 to 1818-12-31 | not identified | There are certain miscellaneous rules applying to bailments which I want now to present you. | Bailments, Volume 2 Miscellaneous rules re: bailment |
| 1818-01-01 to 1818-12-31 | not identified | The equitable interest remaining in the mortgagor after the foreclosure is called the equity of redemption. | Real property & mortgages, Volume 1 Equity of redemption |
| 1818-01-01 to 1818-12-31 | not identified | The division of bailments known to the Common Law are six. | Bailments, Volume 2 Different kinds of bailments |
| 1818-01-01 to 1818-12-31 | not identified | To what actions the Bailor & Bailee may be respectively entitled. It is a general rule, and in the books laid down as universal, | Bailments, Volume 2 Actions of the bailor & bailee |
| 1818-01-01 to 1818-12-31 | not identified | The interest of the mortgagee as well as that of the mortgagor is desirable and the devise may have a decree for foreclosure. | Real property & mortgages, Volume 1 Devise of lands mortgaged |
| 1818-01-01 to 1818-12-31 | not identified | If there are several mortgages or incumbrances on the same estate, priority takes place according to the date of the several securities. | Real property & mortgages, Volume 1 Priority of incumbrances and tackings |
| 1818-01-01 to 1818-12-31 | not identified | According to the preceding rules, the right of tacking incumbrances depends on the want of notice on him who would protect his equity by the legal estate. | Real property & mortgages, Volume 1 Notice |
| 1818-01-01 to 1818-12-31 | not identified | Real property is divided into that which is corporeal and that which is incorporeal. | Real property & mortgages, Volume 1 Real property definition |
| 1818-01-01 to 1818-12-31 | not identified | There were formerly great doubts whether the money due to a mortgagee should be paid after his death to his heirs or executor. | Real property & mortgages, Volume 1 To whom a mortgagee's interest belongs |
| 1818-01-01 to 1818-12-31 | not identified | As a wife may ban her dower, so in the same way she may encumber it in a mortgage though her right is paramount to that of the mortgagee | Real property & mortgages, Volume 1 Interest of the mortgager's wife |
| 1818-01-01 to 1818-12-31 | not identified | Evidence | Evidence, Volume 2 Title page half |
| 1818-01-01 to 1818-12-31 | not identified | of her freehold. A husband by marrying obtains no other interest in the wife's estate of interest than a freehold during their joint lives | Real property & mortgages, Volume 1 Mortgages by husband & wife |
| 1818-01-01 to 1818-12-31 | not identified | The credibility and weight of evidence is generally to be determined by the jury. | Evidence, Volume 2 General rules of evidence |
| 1818-01-01 to 1818-12-31 | not identified | There are three kinds of estates that may be had in real property as known by the English law. There are first estates in fee simple. | Real property & mortgages, Volume 1 Fee simple |
| 1818-01-01 to 1818-12-31 | not identified | The first kind to be considered & explained is what is called Deposit, being a delivery of goods to bailee to be kept without reward | Bailments, Volume 2 Deposit |
| 1818-01-01 to 1818-12-31 | not identified | It is a general rule in equity that the fund that has been increased by contracting the debt should be charged in the first instance with the payment. | Real property & mortgages, Volume 1 Out of what funds mortgages are redeemed |
| 1818-01-01 to 1818-12-31 | not identified | The mortgage being a pledge (not an alienation), the mortgagee has not right to the rents &c before he takes possession. | Real property & mortgages, Volume 1 Method of accounting |
| 1818-01-01 to 1818-12-31 | not identified | As Chancery will after forfeiture decree a redemption in favor of the mortgagor, so in favor of the mortgagee the same court will decree a foreclosure. | Real property & mortgages, Volume 1 Foreclosure |
| 1818-01-01 to 1818-12-31 | not applicable | This volume presented by him to his cousin Farrand Stewart Shanahan at his departure for the Sandwich Islands August 1822. | Title Page, Volume 1 Inscription |
| 1818-01-01 to 1818-12-31 | not applicable | Notes taken from the Lectures of the Honorable Judge Reeve & Gould delivered at their office in Litchfield Conn in 1818 & presented to Farrand Stewart Shanahan by his cousin Chas. Saml. Stewart at the time of his departure for the Sandwich Islands August 1822 | Title Page, Volume 2 title page |
| 1818-01-01 to 1818-12-31 | not applicable | Notes of the Lectures delivered at the Law School at Litchfield Conn: by the Honorable Judges Reeve & Gould. Taken by Chas. Saml Stewart in the year 1818. | Title Page, Volume 1 Title page |
| 1818-01-01 to 1818-12-31 | not identified | Every mode of acquiring an estate except that by descent is included under purchase. | Real property & mortgages, Volume 1 Deed |
| 1818-01-01 to 1818-12-31 | not identified | The next estates known to the law of England in an estate tail. | Real property & mortgages, Volume 1 Estates tail |
| 1818-01-01 to 1818-12-31 | not identified | A record is a written memorial of the law of the state or of the precedents of justice according to the laws & customs of the state or nation. | Evidence, Volume 2 Written evidence: records |
| 1818-01-01 to 1818-12-31 | not identified | These public writings partake of the nature of records because they are public memorials preserved at a fixed place by public authority and for public use. | Evidence, Volume 2 Written evidence: public writings |
| 1818-01-01 to 1818-12-31 | not identified | A perfect knowledge of the construction of English statutes of distribution of the personal property will, I apprehend, enable us to judge correctly | Descents, Volume 1 Descents |
| 1818-01-01 to 1818-12-31 | not identified | In English, it may be termed lending & borrowing. | Bailments, Volume 2 Commodatum |
| 1818-01-01 to 1818-12-31 | not identified | When a fact is to be proved by a deed or other private instrument, the original, if in existence and in the power of the party wishing to use it, must regularly be produced. | Evidence, Volume 2 Written evidence: private writings |
| 1818-01-01 to 1818-12-31 | not identified | Bailment of the third kind is called location & conductio. In English it may be called letting & hiring. | Bailments, Volume 2 Locatio et conductio |
| 1818-01-01 to 1818-12-31 | not identified | In this, as in other States, the descending line is preferred to the ascending and collateral lines. | Descents, Volume 1 Descents in New York |
| 1818-01-01 to 1818-12-31 | not identified | Bailment of the fourth class is Vadium or pawn or pledge. | Bailments, Volume 2 Security for a debt (vadium) |
| 1818-01-01 to 1818-12-31 | Gould, James | A devise under the Statutes of Henry VIII is an irregular instrument | Devises, Volume 1 Of the instruments under Stat. Henry VIII |
| 1818-01-01 to 1818-12-31 | not identified | There are two kinds of estates for life, those which are conventional ad are created by the express act of the parties; | Real property & mortgages, Volume 1 Estates for life |
| 1818-01-01 to 1818-12-31 | Gould, James | Of the instrument and of the subject matter of devises within the English statute of frauds and our own statutes. | Devises, Volume 1 Of the devise itself |
| 1818-01-01 to 1818-12-31 | not identified | Our first enquiry is who are competent and who not to be witnesses. | Evidence, Volume 2 Unwritten or parol evidence |
| 1818-01-01 to 1818-12-31 | Gould, James | The English rule is that all persons may who are able to convey and all who are not disqualified at common law or by express words of the statute of wills may devise. | Devises, Volume 1 Who may devise |
| 1818-01-01 to 1818-12-31 | Gould, James | "All lands" not divisible by custom are devisable under those statutes. | Devises, Volume 1 Things devisable under statute Henry VIII |
| 1818-01-01 to 1818-12-31 | Gould, James | In general, all persons not incapacitated by positive law are capable of being devisees. | Devises, Volume 1 Who may take by devise |
| 1818-01-01 to 1818-12-31 | Gould, James | A devise may be ineffectual either from defects apparent upon the face of it, or from something extrinsic. | Devises, Volume 1 How a devise may fail to take effect |
| 1818-01-01 to 1818-12-31 | Gould, James | Example: Devise to A & the heirs of his body, remainder to B & the heirs male of his body on condition that they should not alien &c | Devises, Volume 1 Import of the devise |
| 1818-01-01 to 1818-12-31 | Gould, James | The testator's declaration &c are not admissible as to matters of construction in law. | Devises, Volume 1 Person of the devisee |
| 1818-01-01 to 1818-12-31 | Gould, James | Pleas and Pleadings by Hon. Gould | Title Page, Volume 2 Title page half |
| 1818-01-01 to 1818-12-31 | Gould, James | "Pleas are defined to be 'the mutual altercations between plaintiff and defendant put into legal form & set down in writing'--by altercation 'are meant allegations' | Pleas & pleadings, Volume 2 General nature and sorts of pleadings |
| 1818-01-01 to 1818-12-31 | Gould, James | Wills & devises are ambulatory till the testator's death, i.e. not consummated, ergo revocable by testator. | Devises, Volume 1 Of revocations |
| 1818-01-01 to 1818-12-31 | Gould, James | In this case, the revocation is the consequence of a positive rule of law. | Devises, Volume 1 Alteration |
| 1818-01-01 to 1818-12-31 | Gould, James | This is the first stage in pleading. A writ is the foundation of the suit. | Pleas & pleadings, Volume 2 Declaration |
| 1818-01-01 to 1818-12-31 | Gould, James | A mortgage in fee, though at law an absolute revocation of a prior devise, is now considered in equity as only a conditional revocation pro tanto. | Devises, Volume 1 Conditional & partial revocations |
| 1818-01-01 to 1818-12-31 | Gould, James | At common law, republications were much favored; of course, very sligh words would effect a republication. | Devises, Volume 1 Of republication at common law |
| 1818-01-01 to 1818-12-31 | Gould, James | Neither the English statute of fraud nor our own makes any express terms providing for republication of a devise. | Devises, Volume 1 Of republication since Statute of frauds |
| 1818-01-01 to 1818-12-31 | Gould, James | These pleas on the part of the defendant which immediately follow the declaration are of two kinds. | Pleas & pleadings, Volume 2 Dilatory pleas |
| 1818-01-01 to 1818-12-31 | Gould, James | The ecclesiastical court in England have no jurisdiction over devises of land only. | Devises, Volume 1 Of jurisdiction of courts as to devises |
| 1818-01-01 to 1818-12-31 | Gould, James | Trespass with its most extensive sense signifies any transgression of the law. | Injuries to real property, Volume 1 Trespass on things real |
| 1818-01-01 to 1818-12-31 | not identified | Of these there are three kinds: I Estates for years; II Estates at will; III. Estates at sufferance. | Real property & mortgages, Volume 1 Esrtates less than freehold |
| 1818-01-01 to 1818-12-31 | not identified | When the Northern nations broke in upon the Roman Empire, an interest in lands was much less regarded than at the present day. | Real property & mortgages, Volume 1 Real property history |
| 1818-01-01 to 1818-12-31 | Gould, James | Every person is liable not only for his own trespasses but for those of his cattle | Injuries to real property, Volume 1 For what injuries this action lies & contra |
| 1818-01-01 to 1818-12-31 | Gould, James | When the trespass commits in the abuse of authority given by law, it is sufficient to state the trespass generally in the declaration. | Injuries to real property, Volume 1 Of pleadings in this action |
| 1818-01-01 to 1818-12-31 | Gould, James | As a plea in abatement does not regularly go to the merits of the action, a judgment upon it is in general no bar to subsequent action for the same cause. | Pleas & pleadings, Volume 2 Pleas in abatement |
| 1818-01-01 to 1818-12-31 | Gould, James | The first of these is the general issue. Issue, as the term is used in the language of pleading, | Pleas & pleadings, Volume 2 Pleas to the action |
| 1818-01-01 to 1818-12-31 | not identified | Bailment of the fifth class is a delivery of goods to be carried or some other act to be done about them for a reward to be paid to the bailee | Bailments, Volume 2 Bailment of the fifth class |
| 1818-01-01 to 1818-12-31 | Gould, James | This in the language of pleading is a denial of some particular point alleged in the pleading & regularly tenders an issue. | Pleas & pleadings, Volume 2 Traverse |
| 1818-01-01 to 1818-12-31 | not identified | First of estates in possession; of these estates there is little need of definition | Real property & mortgages, Volume 1 Estates in possession remainder & reversion |
| 1818-01-01 to 1818-12-31 | Gould, James | Now in all the above cases, those distinct facts do not require several answers. | Pleas & pleadings, Volume 2 Duplicity |
| 1818-01-01 to 1818-12-31 | not identified | Bailments | Bailments, Volume 2 Title page half |
| 1818-01-01 to 1818-12-31 | Gould, James | It is a general rule of the common law that when a party declares upon or otherwise pleads a deed & makes title under it, he must make profert of it. | Pleas & pleadings, Volume 2 Profert & oyer |
| 1818-01-01 to 1818-12-31 | Gould, James | Departure in pleading is the dereliction of a former defence or claim for another, distinct from & not fortifying | Pleas & pleadings, Volume 2 Departure |
| 1818-01-01 to 1818-12-31 | Gould, James | Demurrer is a denial of the legal sufficiency of the allegations demurred to. | Pleas & pleadings, Volume 2 Demurrer |
| 1818-01-01 to 1818-12-31 | Gould, James | Arrest of judgment & repleader. To arrest judgment is to stay or stop it | Pleas & pleadings, Volume 2 Arrest of judgment |
| 1818-01-01 to 1818-12-31 | not identified | A Bailment is defined to be a delivery of goods, upon a contract, Express or Implied, that they shall be restored to the bailor, or according to his directions, when the purpose for which they were bailed shall be answered. | Bailments, Volume 2 Bailments definition |
| 1818-01-01 to 1818-12-31 | not identified | There is a species of estates in expectancy which does not properly fall under the head of remainders though it is of a time limitation. | Real property & mortgages, Volume 1 Executory devises |
| 1818-01-01 to 1818-12-31 | not identified | Delivery of goods to be carried gratis. Bailment of the last kind is called mandatum or mandate. | Bailments, Volume 2 Mandatum |
| 1818-01-01 to 1818-12-31 | not identified | An estate in reversion is the residue of an estate remaining in the hands of the grantor to commence in possession | Real property & mortgages, Volume 1 Estates in reversion |
| 1818-01-01 to 1818-12-31 | not identified | An estate upon condition in which depends upon some uncertain event by which it may be created, enlarged or defeated. | Real property & mortgages, Volume 1 Estates upon condition |
| 1818-01-01 to 1818-12-31 | not identified | A mortgage is a deed by which a debtor grants an estate to his creditor with a conition annexed | Real property & mortgages, Volume 1 Mortgages |
| 1818-05-01 to 1818-05-31 | Reeve, Tapping | The action of waste was at common law only maintainable against tenants for life; | Volume 1 Waste, Waste |
| 1818-06-01 to 1818-06-30 | Gould, James | When void. By statute 48th of Elizabeth, all conveyances, bonds, | Fraudulent conveyance, Volume 1 Fraudulent conveyances |
| 1818-06-01 to 1818-06-30 | Gould, James | The action of ejectment as well as that of disseisin if founded on an ouster of a tenant of landed tenements & heriditaments. | Ejectment, Volume 1 Ejectments |
| 1818-06-01 to 1818-06-30 | Gould, James | These are void as against creditors if the dowry is indebted at the time. | Fraudulent conveyance, Volume 1 Donations to charitable uses |
| 1818-06-01 to 1818-06-30 | Gould, James | This must on principle be void as against the donor's creditors, it being testamentary. | Fraudulent conveyance, Volume 1 Donatio mortis causa |
| 1818-06-01 to 1818-06-30 | Gould, James | If a bona fide or other obligation be voluntary | Fraudulent conveyance, Volume 1 Voluntary judgments |
| 1818-06-01 to 1818-06-30 | Gould, James | Fraudulent conveyance, Volume 1 Badges of fraud |