Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Том 31B.J. Borden, 1877 |
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Страница 24
... evidence of the appellant that it was in fact made before the maturity of the note , and declared , in effect , that it was an absolute presumption of law , that the endorsement was made at such time as would be of most advantage to the ...
... evidence of the appellant that it was in fact made before the maturity of the note , and declared , in effect , that it was an absolute presumption of law , that the endorsement was made at such time as would be of most advantage to the ...
Страница 58
... evidence . It is the province of the jury to weigh the evidence and ' ascertain the facts , and this court will never disturb their verdict . on the mere weight of evidence . Finding no error , the judgment of the court below is ...
... evidence . It is the province of the jury to weigh the evidence and ' ascertain the facts , and this court will never disturb their verdict . on the mere weight of evidence . Finding no error , the judgment of the court below is ...
Страница 69
... evidence of the fact , which makes an instrument a mortgage : Therefore , whether the evidence of the defeasance is in parol or in writing it is a mortgage , if the fact of a defeasance exists . It is too well settled under our laws ...
... evidence of the fact , which makes an instrument a mortgage : Therefore , whether the evidence of the defeasance is in parol or in writing it is a mortgage , if the fact of a defeasance exists . It is too well settled under our laws ...
Страница 104
... evidence adduced by both parties , and a decree rendered for defendant , from which the case comes before us by appeal . The first question for our consideration is : Has the plaintiff a fee simple estate in the land in controversy ...
... evidence adduced by both parties , and a decree rendered for defendant , from which the case comes before us by appeal . The first question for our consideration is : Has the plaintiff a fee simple estate in the land in controversy ...
Страница 106
... evidence a deed from Crise and wife to Robertson , under whom the plaintiff claims to have derived title . The validity of this deed is contested , and if the title of plaintiff turned upon the validity of the deed , we should not ...
... evidence a deed from Crise and wife to Robertson , under whom the plaintiff claims to have derived title . The validity of this deed is contested , and if the title of plaintiff turned upon the validity of the deed , we should not ...
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Чести термини и фразе
action adm'r administrator affidavit affirmed alleged amount answer appellant appellee Arkansas assigned attorney bill bond Brodie C. L. Moore Cairo and Fulton Chancery Circuit Court Circuit Judge claim clerk common law complaint contract conveyed cotton court of equity creditor debt declaration decree deed of trust defendant demurrer Drew County entitled equity evidence execution executor facts favor filed Fort Smith Railroad Fulton Railroad Gantt's Digest Garrett grant heirs held incumbrance interest Izard County Jeffery & Co judgment jurisdiction jury justice land levied Lewis and wife lien Little Rock ment mortgage motion overruled paid parties payment plaintiff pleadings possession Probate Court proceedings proof provisions purchase money quarter of section redemption rendered rent Rogers sheriff Smith sold statute sufficient suit sustained taxes testator thereof tion tract Trapnall trial Trieber Turner valid vendor verdict Watkins Williams witness
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Страница 372 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 506 - No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Страница 266 - That the framers of the constitution did not intend to restrain the states in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us, is not to be so construed, may be admitted.
Страница 136 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same or give something in earnest to bind the bargain, or in part...
Страница 239 - No law shall be revised, altered, or amended by reference to its title only : but the act revised, and the section or sections of the act altered or amended, shall be re-enacted and published at length.
Страница 421 - It cannot affect third persons who, if it were otherwise, might be prejudiced by things recited in the writings contrary to the truth through the ignorance, carelessness or fraud of the parties ; and who, therefore, ought not to be precluded from proving the truth, however contradictory to the written statements of others.
Страница 719 - That which purports to be a law of a State is a law, or it is not a law, according as the truth of the fact may be, and not according to the shifting circumstances of parties. It would be an intolerable state of things if a document purporting to be an act of the legislature could thus be a law in one case and for one party, and not a law in another case and for another party ; a law to-day, and not a law to-morrow ; a law in one place, and not a law in another in the same State. And whether it be...
Страница 713 - No county seat shall be removed until the point to which it is proposed to be removed, shall be fixed by law, and a majority of the voters of the county voting on the question, shall have voted in favor of its removal to such point.
Страница 35 - Pledging, is a bailment of goods by a debtor to his creditor, to be kept till the debt be discharged.
Страница 374 - As a general rule, no one but the infant himself, or his legal representatives, executors and administrators, can avoid the voidable acts, deeds and contracts of an infant, for while living, he ought to be the exclusive judge of the propriety of the exercise of a personal privilege intended for his benefit ; and, when dead, they alone should interfere who legally represent him.