Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 70 |
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Страница 49
... agreed to renew the lease , and indorsed the following agreement on the lease , which they severally executed with their signa- tures and seals : " The within lease is hereby renewed from the first day of June , 1860 , upon the ...
... agreed to renew the lease , and indorsed the following agreement on the lease , which they severally executed with their signa- tures and seals : " The within lease is hereby renewed from the first day of June , 1860 , upon the ...
Страница 51
... agreed upon between the parties . Lyles desired to realize rent for the premises , and Otis refused to pay him rent according to the terms of the lease he had received from Jewett . Thereupon Lyles executed a lease of the premises to ...
... agreed upon between the parties . Lyles desired to realize rent for the premises , and Otis refused to pay him rent according to the terms of the lease he had received from Jewett . Thereupon Lyles executed a lease of the premises to ...
Страница 52
... agreed should attach to , and continue to regulate that relation . " And in section 426 , the same author says : " A general grant of the reversion passes all the leases to which the property is subject , including the rents reserved ...
... agreed should attach to , and continue to regulate that relation . " And in section 426 , the same author says : " A general grant of the reversion passes all the leases to which the property is subject , including the rents reserved ...
Страница 60
... agreed to lease , the premises , such lease or agreement should remain of force . There could not have been more clearly expressed the intention of Lyles , and of Jewett , that the right of re - purchase was not to embarrass the power ...
... agreed to lease , the premises , such lease or agreement should remain of force . There could not have been more clearly expressed the intention of Lyles , and of Jewett , that the right of re - purchase was not to embarrass the power ...
Страница 65
... agreed to act as guardian for them , at their spe- cial instance and request , as he alleged , and on their promise that he should be reimbursed , on final settlement of his ac- counts , for all moneys he might pay out in that capacity ...
... agreed to act as guardian for them , at their spe- cial instance and request , as he alleged , and on their promise that he should be reimbursed , on final settlement of his ac- counts , for all moneys he might pay out in that capacity ...
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action Adm'r administrator de bonis agreement Alabama alleged amount appeal appellee asserted Asso attachment authority averment B. O. James Bill in Equity bond chancellor Chancery Court charge Circuit Court claim Code Coltart common law complainant contract conveyance conveyed corporation court of equity coverture Coxe creditors debt deceased declared decree deed defendant demurrer distributees duty entitled evidence execution executor fact filed fraud granted Grimball Huntsville husband indictment intended interest intestate issue James & Co Jewett John judgment jurisdiction jury Kelly lands lease levied liability marriage ment Milhous mortgage mortgagor Munford paid parties payment plaintiff possession principle Probate Court promissory note purchase purchase-money railroad company relief rendered rents rule separate estate settlement sold Spedden statute statute of limitations sued suit surety term thereof tion transfer trust usurious validity vendor's lien wife witness
Популарни одломци
Страница 144 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Страница 124 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, Is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it by subsequent statute; and If the irregularity consists in doing some act, or in the mode or manner of doing some act, which the Legislature might have made immaterial by prior law, It Is equally competent to make the same immaterial...
Страница 500 - ... every alternate section of land, designated by odd numbers, for six sections in width on each side of said roads.
Страница 147 - That all political power is inherent in the people, and all free Governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Страница 508 - ... if any of said roads are not completed within ten years, no further sale shall be made and the lands unsold shall revert to the United States.
Страница 501 - That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or...
Страница 501 - An,d be it further enacted, That the sections and parts of sections of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands, when sold...
Страница 143 - There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement ; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State.
Страница 501 - ... that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of roads, respectively, may be sold; and when the Governor of said state shall certify to the Secretary of the Interior that any...
Страница 144 - The obligation of a contract consists in its binding force on the party who makes it. This depends on the laws in existence when it is made; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them by the one party, and the right acquired by the other.