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. |
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Page 98
CHATTEL MORTGAGES - ON CROPS TO BE GROWN - VALIDITY . The owner of the soil may make a valid mortgage of the crop to be grown by him , before the crop is planted.1 Appeal from circuit court , Warren county ; RALPH NORTH , Judge .
CHATTEL MORTGAGES - ON CROPS TO BE GROWN - VALIDITY . The owner of the soil may make a valid mortgage of the crop to be grown by him , before the crop is planted.1 Appeal from circuit court , Warren county ; RALPH NORTH , Judge .
Page 113
After his death the lands were sold under foreclosure of the mortgage , and were bought in by the widow , who paid her bid by creliting the same on the debt secured by the mortgage . The facts relative to the purchase were proved ...
After his death the lands were sold under foreclosure of the mortgage , and were bought in by the widow , who paid her bid by creliting the same on the debt secured by the mortgage . The facts relative to the purchase were proved ...
Page 126
One who pays an usurious mortgage without notice of the usury , at the request of the mortgagor , may recover from him the sum so paid . 2. PAYMENT - APPLICATIOx - SPECIAL APPROPRIATION . Rents paid by the mortgagor to the mortgagee ...
One who pays an usurious mortgage without notice of the usury , at the request of the mortgagor , may recover from him the sum so paid . 2. PAYMENT - APPLICATIOx - SPECIAL APPROPRIATION . Rents paid by the mortgagor to the mortgagee ...
Page 127
Bill by Thomas Perdue against A. F. Brooks and others , to have an absolute deed declared a mortgage , and to redeem . ... of the register as to the state of the account between the parties , and the amounts due on the mortgages .
Bill by Thomas Perdue against A. F. Brooks and others , to have an absolute deed declared a mortgage , and to redeem . ... of the register as to the state of the account between the parties , and the amounts due on the mortgages .
Page 128
In stating the account , the register applied the first note to an account which appellees held against appellant , contracted in 1882 and 1883 , and credited only the balance of the proceeds on the land mortgage .
In stating the account , the register applied the first note to an account which appellees held against appellant , contracted in 1882 and 1883 , and credited only the balance of the proceeds on the land mortgage .
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action administrator agent agreement Alabama alleged allowed amount answer appeal appellee application assigned authority bank bill bond cause charge circuit court claim Code complainant consideration considered constitution contract creditors damages debt decree deed defendant delivered demurrer duty effect entitled equity error evidence excepted execution fact February filed further give given ground held husband intention interest issue Judge judgment jurisdiction jury land liability matter Miss mortgage necessary notice objection opinion original paid parties payment person plaintiff plea possession present proceedings proof proved purchase question railroad reasonable received record recover reference refused rendered rule secure shown sold South statute sufficient suit Supreme Court taken testimony tion trial unless 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.