Background
Barbour was born on July 12, 1811 in Cambridge, Washington County, New York.
- Photos
- Works
- Photos
- Works
book
Digest of the Decisions of the Supreme Court of the State of New York (Volume 3); As Reported in Barbour's Reports, Now Complete in 67 Volumes. 1847-1
(This historic book may have numerous typos and missing te...)
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. 1880. Excerpt: ... 30. Action for construction. When the title of the parties depends upon the construction to be given to a will, and the defendants arc in possession, claiming that, by the will, they are entitled to exclusive possession, and they deny the plaintiff's right, an action for a construction of the will, Tec, will lie. The court will not require the plaintiffs to first try the question of title, id an action of ejectment. Scott v. Guernsey, vol. 60--168. Affirmed, 48 X. Y. 106. V. Validity. 1. Limitations. A testator devised to his wife all his real estate, to be at her entire disposal; but should any part thereof remain unsold, at the time of her decease, lie gave the same to his children, to be equally divided among them. Held, that the devise to the wife gave to her the fee in the testator" real estate, which she could devise, or which would descend to her heirs. And that the limitation over, after her death, was not good as a contingent remainder, or as an executory devise, but was void. McLean v. Macdoiujld, vol. 2--534. 2. What determines validity. The rule is well settled that it is the character of a limitation at the time it is created, and not the event as it turns out in fact, which Is to determine its validity. Brown v. Ecam, vol. 34--old., 3. If the estate created is such as, by its terms, to suspend the ownership of the property for more than two lives in being, it will be void, although in the subsequent history of the estate, or the parties in interest, it may happen that this limit is not exceeded. /./. 4. Suspension of power of alienation. A provision, in a will, giving to three persons, and the survivor of them, the interest of $1,000, to be paid so long lis they, or either of them, shall live, is void because it suspends the power of alienat...
https://www.amazon.com/Decisions-Reported-Barbours-Complete-Volumes/dp/1235742784?SubscriptionId=AKIAJRRWTH346WSPOAFQ&tag=prabook-20&linkCode=sp1&camp=2025&creative=165953&creativeASIN=1235742784
Digest of the Decisions of the Supreme Court of the State of New York (Volume 2); As Reported in Barbour's Reports, Now Complete in 67 Volumes. 1847-1
(This historic book may have numerous typos and missing te...)
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.1880 Excerpt: ... 2,120 due to his wife: and L. thereupon conveyed the same property to M.'a wife. Held, that the property conveyed so far exceeded in value the amount. it was intended to secure, that it was of itself sufficient to authorize the holding that the conveyance was fraudulent as against the antecedent creditors of M. without the finding of actual or meditated fraud. Brigys v. Jfitc/udl, vol. 60--288. 40. And it appearing that it was a conveyance of not merely enough to secure the grantor's wife to the extent of the moneys claimed to have been received by him, but all of the remainder of his estate, and more than sufficient for the pretended object; and that there was a quiet acquiescence, ly the wife, that her husband should use her estate as his own; he mingling it indiscriminately with his own, in business, for a period of from twelve to nineteen years, without a recognition of its separate existence by even a written receipt, memorandum, or separate instrument; and without his ever having, during that period, accounted for interest or principal, or even talked about it, until his bona fide creditors were about to call for it; it was further Held, that this was a kind of trust or settlement that could not be recognized by any rule of law or equity, to stand against the rights of M.'s antecedent creditors. Id. 41. Protection to bona fide mortgagee. A creditor who takes a mortgage of personal property, from his debtor, to secure his debt, in good faith, and without any notice of an improper design on the part of the mortgagor, in executing the same, will be proterted. although the object and design of the mortgagor was to delay, hinder or defraud his other creditors. Hull v. Arnold, vol. 15--599. 42. When to stand as security. Where the evidence is insufficient t...
https://www.amazon.com/Decisions-Reported-Barbours-Complete-Volumes/dp/1235784037?SubscriptionId=AKIAJRRWTH346WSPOAFQ&tag=prabook-20&linkCode=sp1&camp=2025&creative=165953&creativeASIN=1235784037
Reports Of Cases In Law And Equity In The Supreme Court Of The State Of New York; Volume 53
( This work has been selected by scholars as being cultur...)
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
https://www.amazon.com/Reports-Cases-Equity-Supreme-Court/dp/1378466217?SubscriptionId=AKIAJRRWTH346WSPOAFQ&tag=prabook-20&linkCode=sp1&camp=2025&creative=165953&creativeASIN=1378466217
A Summary of the Law of Parties to Actions at Law, and Suits in Equity (Classic Reprint)
(Excerpt from A Summary of the Law of Parties to Actions a...)
Excerpt from A Summary of the Law of Parties to Actions at Law, and Suits in Equity Entered according to act of Concua, in the year one thousand eight hundred and sixty-four. Br weare c. Little, In the Clerk's Ofloo of the District Court of the Northern Dim-tot of New York. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
https://www.amazon.com/Summary-Parties-Actions-Classic-Reprint/dp/0332345858?SubscriptionId=AKIAJRRWTH346WSPOAFQ&tag=prabook-20&linkCode=sp1&camp=2025&creative=165953&creativeASIN=0332345858
Digest of the Decisions of the Supreme Court of the State of New York (Volume 1); As Reported in Barbour's Reports, Now Complete in 67 Volumes. 1847-1
(This historic book may have numerous typos and missing te...)
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.1880 Excerpt: ... of a sister State, confessedly illegal, cannot, in the absence of any allegation of injurious consequences flowing from it to the plaintitf, or of any attempt to enforee it here, or of any assertion of rights under it here, be m-ide tiie foundation of an action in this State, simply to have it declared void. Hill v. Ilill, vol. 28--23. See also Viseher v. Viseher, vol. 12--640. 16. So Held, in respect to a decree of divoree, obtained in a State court of Michigan, by a wife against har husband; the latter alleging that he was a resnlent of this State, at the time, and that such decree was obtained by the wife fraudulently and unjustly, and without any service of notice of the proceedings upon him. Id. 17. Setting aside deed. I'pon making a decree setting aside a deed executed by a judgment debtor, as fraudulent and void against Ins creditors, the court has no power to direct the premises to he sold, as in case of a--ale upon execution, for the purpose of paying the judgment debt. Walker v. White, vol. 36-592. 18. Distinguished from judgment. The former distinction between decrees in equity, and judgments in actions at common law, has not been abolished by the Code, but is inherent in the two systems. Lynch v. Itume Gas Light Co., vol. 42--591. 19. Dooketing. Tt.e decree of a court of equity may never go upon the docket, at all. It is only when a certain sum is directed to be paid, that it is proper to enter it upon the docket. The delay of the clerk in entering it in the judgment book will not affect its validity. Id. 20. It takes effect from the time it is published by the court: and it is only when the decree provides for the recovery of money, that it is r, quired to be docketed, in order to give it effect as a lien upon real estate, or to authorize furth...
https://www.amazon.com/Decisions-Reported-Barbours-Complete-Volumes/dp/1235776573?SubscriptionId=AKIAJRRWTH346WSPOAFQ&tag=prabook-20&linkCode=sp1&camp=2025&creative=165953&creativeASIN=1235776573
- The magistrate's criminal law: a practical treatise on the jurisdiction ... Hardcover (Lang:- English, Pages 833. Reprinted in 2013 with the hel...)
- A Treatise on the Criminal Law and Criminal Courts of the State of New York: And Upon the ... 1883 Hardcover (Lang:- English, Pages 835. Reprinted in 2013 with the hel...)
Oliver Lorenzo Barbour
Edit ProfileEducation
His early education was received at Cambridge and at Fredonia Academy from which he graduated in 1827. He took up the study of law, and was called to the New York bar in 1832.
Career
He opened an office in Whitesboro, but later moved to Saratoga Springs, New York, where his maternal uncle Judge Reuben Hyde Walworth, chancellor of the state, resided. Entering the Judge's office, he acquired a varied and valuable knowledge of law and practise as his uncle's confidential clerk, eventually relinquishing private practise and devoting himself to legal writing and the work of the chancery office. His first published volume, prepared in collaboration with E. B. Harrington, was an Analytical Digest of Equity Cases (1837) - a complete abstract of American, English, and Irish equity reports from Hilary term 1822 to 1836.
This was followed by editions of two well-known English treatises, Collyer on Partnership (1838) and Chitty on Bills (1839), both with American notes by himself. The Magistrates Criminal Law, a practical guide to the jurisdiction, duty, and authority in criminal matters of justices of the peace in New York State, and A Treatise on the Law of Set Off, appeared in 1841. Barbour began at this time to contribute to the Saratoga Sentinel abstracts of the decisions of the chancellor which were published in six volumes (1841 - 47). Through his contact with the business which passed through the chancellor's hands he had accumulated great stores of practical experiences, which he utilized in the preparation of A Treatise on the Practise of the Court of Chancery (1843), immediately recognized by the profession as an authoritative work of great utility.
His next publication was an edition of Cowen's Civil Jurisdiction of Justices of the Peace (1844). He now turned to a field in which he was to acquire a more permanent fame. Commencing with the New York court of chancery, abolished by the new state constitution of 1847, he reported the decisions of its last three years in three volumes entitled Reports of Cases Argued and Determined in the Court of Chancery of the State of New York, and generally known as "Barbour's Chancery Reports" (1847 - 49). At the same time he undertook what proved his magnum opus, a series of reports of the supreme court of New York, as organized under the 1847 constitution. Commencing in 1848, he continued for thirty years to report its decisions, in a succession of volumes entitled Reports of Cases in Law and Equity in the Supreme Court of the State of New York, and generally known as "Barbour's Supreme Court Reports. " In all sixty-seven volumes were published (1848 - 78), embracing the years 1847-77. While engaged in this undertaking he found time to write A Summary of the Law of Parties to Actions at Law and Suits in Equity (1864), also preparing a Condensed Digest of the Decisions of the Court of Appeals and the Commission of Appeals of the State of New York (1877), which is a continuation of Tiffany's well-known work.
On relinquishing his duties as reporter in 1878, he prepared a Digest of Barbour's Reports 1847-77, which was published in 1880. A Summary of the Law of Payment appeared in 1888, and A Treatise on the Rights of Persons and the Rights of Property (1890) was published posthumously. He died at his home at Saratoga Springs after a long illness.
Achievements
Works
book
-
A Summary of the Law of Parties to Actions at Law, and Suits in Equity (Classic Reprint)
(Excerpt from A Summary of the Law of Parties to Actions a...)
-
Reports Of Cases In Law And Equity In The Supreme Court Of The State Of New York; Volume 53
( This work has been selected by scholars as being cultur...)
-
Digest of the Decisions of the Supreme Court of the State of New York (Volume 3); As Reported in Barbour's Reports, Now Complete in 67 Volumes. 1847-1
(This historic book may have numerous typos and missing te...)
-
Digest of the Decisions of the Supreme Court of the State of New York (Volume 2); As Reported in Barbour's Reports, Now Complete in 67 Volumes. 1847-1
(This historic book may have numerous typos and missing te...)
-
Digest of the Decisions of the Supreme Court of the State of New York (Volume 1); As Reported in Barbour's Reports, Now Complete in 67 Volumes. 1847-1
(This historic book may have numerous typos and missing te...)
-
The magistrate's criminal law: a practical treatise on the jurisdiction ... Hardcover
(Lang:- English, Pages 833. Reprinted in 2013 with the hel...)
-
A Treatise on the Criminal Law and Criminal Courts of the State of New York: And Upon the ... 1883 Hardcover
(Lang:- English, Pages 835. Reprinted in 2013 with the hel...)
-
A Summary of the Law of Parties to Actions at Law, and Suits in Equity (Classic Reprint)
Personality
He lived in his work, was very retiring, and never sought public office or preferment. Theron G. Strong says: "My mother used to describe him as one of the most homely and crabbed individuals she ever saw, with little personal attractiveness to make him a successful lawyer, but whose industry was unlimited, and whose personal qualities of heart and of mind were such as to endear him to all who became associated with him"
Connections
On November 19, 1832 he was married to Elizabeth Berry of Whitesboro, New York, whose sister, Mrs. Whitcher, was the author of the Widow Bedott Papers.
References
-
Born
-
Died
February 17, 1889 (aged 77) -
Resting place
Greenridge Cemetery, Saratoga Springs, New York, United States -
Nationality
American