Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Том 5state, 1851 |
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Страница 6
... judgment in the case of the Bank of Alabama v . James Erwin , has been paid and extinguished ; and that the mortgage granted by the plaintiff to James Erwin , on the batture in front of the saw - mill lot , is a simulation . It is ...
... judgment in the case of the Bank of Alabama v . James Erwin , has been paid and extinguished ; and that the mortgage granted by the plaintiff to James Erwin , on the batture in front of the saw - mill lot , is a simulation . It is ...
Страница 10
... judgment of the court was pronounced by EUSTIS , C. J. On the 21st of June , 1845 , the Improvement and Banking Com- pany of New Orleans , recovered judgment in solido against Walker , the present plaintiff , and the First Municipality ...
... judgment of the court was pronounced by EUSTIS , C. J. On the 21st of June , 1845 , the Improvement and Banking Com- pany of New Orleans , recovered judgment in solido against Walker , the present plaintiff , and the First Municipality ...
Страница 11
... judgment , as it originally stood , can still be satisfied by the payment of notes of that bank . The judgment of the district court is therefore reversed ; and it is decreed , that on a tender lawfully made to the sheriff or the ...
... judgment , as it originally stood , can still be satisfied by the payment of notes of that bank . The judgment of the district court is therefore reversed ; and it is decreed , that on a tender lawfully made to the sheriff or the ...
Страница 12
... judgment of the district court was against Blood , but in favor of the other defendants , and the appeal has been taken by the plaintiff . Waiving the question as to the liability of the defendants , Valz and De Rham , for the retention ...
... judgment of the district court was against Blood , but in favor of the other defendants , and the appeal has been taken by the plaintiff . Waiving the question as to the liability of the defendants , Valz and De Rham , for the retention ...
Страница 18
... judgment will be declared extinguished , and property previously sold under the judgment restored to the original owner . A PPEAL from the Fourth District Court of New Orleans , Strawbridge , J. W. C. Micou and Prentiss and Finney , for ...
... judgment will be declared extinguished , and property previously sold under the judgment restored to the original owner . A PPEAL from the Fourth District Court of New Orleans , Strawbridge , J. W. C. Micou and Prentiss and Finney , for ...
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2d Ann action affirmed alleged amount appeal appellee applied appointed attorney authority bank bond Brenham cause cent charge claim Code considered Constitution contended contract costs counsel court was pronounced creditors damages debt debtor deceased declared decreed defendant defendant's District Court district judge dollars Doyal entitled evidence execution executors fact favor filed given ground heirs Houmas husband injunction insolvent interest issue judgment judicial jury Legislature liable Louisiana Louisiana State Bank marriage ment mortgage municipality notary object obligation opinion Orleans owner paid parish parties payment petition plaintiff plantation possession prescription present privilege proceedings promissory note pronounced by ROST pronounced by SLIDELL proved purchaser received record rendered rule seizure sheriff sheriff's deed sheriff's sale Shreveport slaves sold statute Stephen Henderson subrogation succession suit Supreme Court testator testimony tion trial tutor vendor verdict Victor Blanchard wife witness
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Страница 368 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief •o as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the same time...
Страница 47 - It is, we think, a sound principle that, when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen. Instead of communicating to the company its privileges and its prerogatives, it descends to a level with those with whom it associates itself, and takes the character which belongs to its associates, and to the business which is to be transacted.
Страница 328 - Department, shall convert to his own use, in any way whatever, or shall use, by way of investment in any kind of property...
Страница 442 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
Страница 87 - ... on any public land except such as is or may be reserved from sale by any law of Congress or proclamation of the President of the United States...
Страница 528 - ... the same shall be taken as to the creditors and purchasers of the persons aforesaid, so remaining in possession, to be fraudulent within this act, and that the absolute property is with the possession, unless such loan, reservation, or limitation of use or property, were declared by will or by deed, in writing proved, and recorded as aforesaid.
Страница 281 - The olographic testament is that which is written by the testator himself. In order to be valid, it must be entirely written, dated and signed by the hand of the testator.
Страница 87 - Congress has the sole power to declare the dignity and effect of titles emanating from the United States...
Страница 443 - ... the words of a will, aided by evidence of the material facts of the case, are insufficient to determine the testator's meaning, no evidence will be admissible to prove what the testator intended, and the will (except in certain special cases, see Proposition VII.) will be void for uncertainty.
Страница 442 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...