The Southwestern Reporter, Том 17West Publishing Company, 1892 |
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Страница 17
... debt was given . It also appeared that the plaintiffs had previous- ly asked the defendants to take a mortgage , and that the latter had refused to do so . Held , that the evidence did not justify a judgment for the plaintiffs ...
... debt was given . It also appeared that the plaintiffs had previous- ly asked the defendants to take a mortgage , and that the latter had refused to do so . Held , that the evidence did not justify a judgment for the plaintiffs ...
Страница 18
... debt , and was so intended by the parties , that fact would not pre- vent her from showing the real nature of the transaction , and that in fact the in- strument was intended to be and is a mortgage ; still the fact that she did ac ...
... debt , and was so intended by the parties , that fact would not pre- vent her from showing the real nature of the transaction , and that in fact the in- strument was intended to be and is a mortgage ; still the fact that she did ac ...
Страница 19
... debt there can be no mortgage . The existence of a debt or the continuing relation of a creditor and debtor be- tween the grantee and grantor is the al- most invariable test of whether the in- strument was intended as an absolute sale ...
... debt there can be no mortgage . The existence of a debt or the continuing relation of a creditor and debtor be- tween the grantee and grantor is the al- most invariable test of whether the in- strument was intended as an absolute sale ...
Страница 30
... debt se- cured by a lien , even as to the property subject to the incumbrance . But in this case , according to the allegations of the petition at the time of the sale , more than four years had elapsed from the date of Rogers ' death ...
... debt se- cured by a lien , even as to the property subject to the incumbrance . But in this case , according to the allegations of the petition at the time of the sale , more than four years had elapsed from the date of Rogers ' death ...
Страница 55
... debt , executed a quitclaim deed of the mortgaged premises to the mortgagee . Held , that the wife conveyed all the title of the com- munity property held by both husband and wife at the time of the husband's death , and the child ...
... debt , executed a quitclaim deed of the mortgaged premises to the mortgagee . Held , that the wife conveyed all the title of the com- munity property held by both husband and wife at the time of the husband's death , and the child ...
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acres action affirmed alleged amount Appeal from circuit Appeals of Kentucky appellant appellee April 16 attorney authority bonds cause certificate charge circuit court claim contract conveyed conviction Court of Appeals court of equity debt deceased decree deed defendant's demurrer dence district court entitled error evidence execution fact favor fendant filed Galveston grant Grayson county ground guilty Haskell county heirs held homestead husband indictment instruction intended issue Judge judgment jurisdiction jury Kentucky liable lien Mastin ment Missouri mortgage offense opinion Owensboro owner paid parties person petition plaintiff proof provides purchase question railway company reason record recover reversed road S. W. Rep sold statute STAYTON sufficient suit Supreme Court survey taxes testator testified testimony Texas thereof tiff tion track tract trial try title verdict Webb City wife witness
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Страница 238 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Страница 102 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Страница 166 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Страница 187 - ... the fairest and most just construction of the Constitution in all its parts. In our opinion such a construction of the Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts...
Страница 181 - A conviction cannot be had in any case of felony upon the testimony of an accomplice, unless corroborated by other evidence tending- to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows that the offense was committed, and the circumstances thereof.
Страница vi - When the error alleged is to the charge of the court the specification shall set out the part referred to totidem verbis whether it be instructions given or instructions refused.
Страница 181 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Страница 355 - Whether the party thus misrepresenting a fact, knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial, for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Страница 256 - ... place of public amusement to be open for the purpose of traffic or public amusement on Sunday, shall be fined not less than twenty nor more than fifty dollars. The term place of public amusement...
Страница 215 - In this country, the right of property holders or taxable inhabitants to resort to equity to restrain municipal corporations and their officers from transcending their lawful powers or violating their legal duties in any mode which will injuriously affect the tax-payers — such as making an unauthorized appropriation of the...