Southern Reporter, Volume 5West Publishing Company, 1889 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
From inside the book
Results 1-5 of 73
Page 9
... administrator of his estate , and such estate remains unsettled . Upon motion of the plaintiff to require the defendant to elect between the two pleas , he elected to stand upon the special plea . Held , Fla . ] 9 BARCO v . FENNELL ,
... administrator of his estate , and such estate remains unsettled . Upon motion of the plaintiff to require the defendant to elect between the two pleas , he elected to stand upon the special plea . Held , Fla . ] 9 BARCO v . FENNELL ,
Page 10
... ADMINISTRATOR . Ejectment does not lie in behalf of an heir as against an administrator , to recover possession of land to which the latter is entitled as an asset of the estate . 4. SAME - LAND USED AS HOMESTEAD . An administrator is ...
... ADMINISTRATOR . Ejectment does not lie in behalf of an heir as against an administrator , to recover possession of land to which the latter is entitled as an asset of the estate . 4. SAME - LAND USED AS HOMESTEAD . An administrator is ...
Page 11
... administrator , the heirs were entitled to it , subject to dower , immediately upon his death . It is there- fore necessary that an executor or administrator , claiming to hold lands of the deceased in a representative capacity , should ...
... administrator , the heirs were entitled to it , subject to dower , immediately upon his death . It is there- fore necessary that an executor or administrator , claiming to hold lands of the deceased in a representative capacity , should ...
Page 13
... administrator is not entitled to the possession of lands which are not assets of his intestate's estate . All lands of an intes- tate are not assets . The homestead is not assets , but the heirs , as against the administrator , are ...
... administrator is not entitled to the possession of lands which are not assets of his intestate's estate . All lands of an intes- tate are not assets . The homestead is not assets , but the heirs , as against the administrator , are ...
Page 14
... administrator may , if he is in default as to his duties as administrator , be called to a settlement of his accounts by the heirs in the proper tribunal , and required to turn over the residue of the es- tate , after settling prior ...
... administrator may , if he is in default as to his duties as administrator , be called to a settlement of his accounts by the heirs in the proper tribunal , and required to turn over the residue of the es- tate , after settling prior ...
Contents
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413 | |
457 | |
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884 | |
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928 | |
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968 | |
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Common terms and phrases
action adverse possession affirmed agent agreement alleged amended amount Appeal from circuit appellant appellee assigned authority avers bill bond chancellor chancery court charge circuit court claim Code complainant constitution contract conveyance conviction Court of Alabama court of equity creditors damages debt deceased declaration decree deed defendant defendant's demurrer entitled equity error evidence execution fact February February 28 filed garnishees ground heirs held Howard husband indictment intention Judge judgment jurisdiction jurors jury land Lee county liability lien Marion county ment mortgage offense Orleans overruled owner paid parties payment Pensacola person plaintiff plea possession probate proceedings proof purchase money question Railroad Co railroad company reasonable record recover refused remanded rendered rule sold statute statute of frauds sued suit Supreme Court sureties taxes testimony tion trial usurious vendor verdict wife witness
Popular passages
Page 43 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 100 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 521 - ... nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 420 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Page 447 - ... close the mind against the testimony that may be offered in opposition to them, which will combat that testimony and resist its force, do constitute a sufficient objection to him.
Page 458 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Page 17 - The accused shall enjoy the right to be informed of the nature and cause of the accusation...
Page 216 - Assembly and its committees, shall be performed under contract to be given to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed by law...
Page 16 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Page 243 - Sometimes by mistake the written agreement contains less than tho parties intended; sometimes it contains more; and sometimes it simply varies from their intent by expressing something different in substance from the truth of that intent. In all. such cases, if the mistake is clearly made out by proofs entirely satisfactory, equity will reform the contract, so as to make it conformable to the precise intent of the parties.