Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 18 |
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Страница 22
... execution issued on said judgment and purchased by the said intestate , who up to his death always claimed him as his property . They further proved that two of the plaintiffs had died since the institution of the suit , and as to them ...
... execution issued on said judgment and purchased by the said intestate , who up to his death always claimed him as his property . They further proved that two of the plaintiffs had died since the institution of the suit , and as to them ...
Страница 31
... executed upon the understanding that if the testator recovered of the disease , which threatened his life at the time of the execution of the deed , the slave was to continue the pro- perty of the testator . To prove that these were the ...
... executed upon the understanding that if the testator recovered of the disease , which threatened his life at the time of the execution of the deed , the slave was to continue the pro- perty of the testator . To prove that these were the ...
Страница 58
... execution of a deed by the latter to Files , on the 22d April 1816 , in con- sideration of the sum of $ 3,900 , with the usual covenants of warranty , and a mortgage of the same date , upon the lands , executed by Files to Juzan to ...
... execution of a deed by the latter to Files , on the 22d April 1816 , in con- sideration of the sum of $ 3,900 , with the usual covenants of warranty , and a mortgage of the same date , upon the lands , executed by Files to Juzan to ...
Страница 74
... execution , the plaintiff , if his demand is over fifty dollars , may remit an amount sufficient to bring the case within the jurisdiction of the justice . 2. If an appeal be taken from the judgment of a justice of the peace , within ...
... execution , the plaintiff , if his demand is over fifty dollars , may remit an amount sufficient to bring the case within the jurisdiction of the justice . 2. If an appeal be taken from the judgment of a justice of the peace , within ...
Страница 75
... execution , with interest thereon ; " the execution was for $ 50 , and $ 2 46 costs , dated 25th May 1846 ; the notice issued May 1st , 1848 ; here was interest on this judgment from 25th May 1846 to 1st May 1848 , and $ 2 46 costs ...
... execution , with interest thereon ; " the execution was for $ 50 , and $ 2 46 costs , dated 25th May 1846 ; the notice issued May 1st , 1848 ; here was interest on this judgment from 25th May 1846 to 1st May 1848 , and $ 2 46 costs ...
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Чести термини и фразе
action adm'r administrator admissible admitted alleged amount appear assumpsit authorise Bank bill of exceptions bond cause remanded chancellor Chancery CHILTON choses in action Circuit Court cited claim common law complainant contract cotton court of chancery court of equity coverture creditors DARGAN death debt deceased declaration decree deed defendant in error demand demurrer detinue devise distributees dollars endorsement entitled evidence Ex'rs execution executor facts favor filed grantor guardian heirs held husband indictment intention intestate issue John judg judgment jurisdiction land legal title liable lien ment Moses Walker negro notice objection offence opinion Orphans overruled paid party payment person plaintiff in error plea possession proof prove purchase money question record recover refused rendered rule scire facias settlement sheriff slave sold statute statute of limitations sued sufficient suit term testator tion trial trust Walker wife witness words writ of error
Популарни одломци
Страница 399 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Страница 277 - No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors, to the fourth generation inclusive, (though one ancestor of each generation may have been a white person.) shall vote for members of the senate or house of commons.
Страница 165 - In the construction of ambiguous expressions the situation of the parties may very properly be taken into view. The ties which connect the testator with his legatees, the affection subsisting between them, the motives which may reasonably be supposed to operate with him, and to influence him in the disposition of hie property, are all entitled to consideration, In expounding doubtful words, and ascertaining the meaning in which the testator used them.
Страница 592 - The conclusion to be drawn from the cases is, that if the party be indebted at the time of the voluntary settlement, it is presumed to be fraudulent in respect to such debts, and no circumstance will permit those debts to be affected by the settlement, or repel the legal presumption of fraud.
Страница 121 - They are in every instance the sole judges of the facts, and, when called as grand jurors, they are the judges of the law as well as of the facts.
Страница 339 - There is, on the part of the hirer, an implied obligation, not only to use the thing with due care and moderation, but also not to apply it to any other use than that, for which it is...
Страница 324 - This is not the true principle : it is this ; he who affirms either what he does not know to be true, or knows to be false, to another's prejudice and his own gain, is both in morality and law guilty of falsehood, and must answer in damages.
Страница 331 - ... 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, and, even if the party innocently misrepresents a material fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party.
Страница 389 - A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and who shall not be eligible to serve either as principal or deputy for the three succeeding years.
Страница 53 - seems to have arisen from the term " actual ouster" as if it meant some act " accompanied by real force, and as if a turning out by the shoulders were " necessary. But that is not so. A man may come in by a rightful possession, and yet hold over adversely without a title.