Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 2D. Ferguson, printer, 1832 - Law reports, digests, etc |
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Results 1-5 of 92
Page 21
... purchase of land ; such contract being void by the statute of frauds . 2. The payment of part of the purchase money , does not take the case out of the statute . DRURY M. ALLEN brought an action of assumpsit in Madison Circuit Court ...
... purchase of land ; such contract being void by the statute of frauds . 2. The payment of part of the purchase money , does not take the case out of the statute . DRURY M. ALLEN brought an action of assumpsit in Madison Circuit Court ...
Page 22
... purchase of land made by him of Booker ; that the contract was by parol ; and that the land lay in the Arkansas Territory . The Court char ged the jury , that the part payment of the consideration money by the plaintiff to the defendant ...
... purchase of land made by him of Booker ; that the contract was by parol ; and that the land lay in the Arkansas Territory . The Court char ged the jury , that the part payment of the consideration money by the plaintiff to the defendant ...
Page 23
... purchase mo- ney will take a case out of the statute ; and if under the statute , the plaintiff could abandon the contract and recover back money so paid , or whether the plaintiff was compel- led to claim or receive a conveyance as his ...
... purchase mo- ney will take a case out of the statute ; and if under the statute , the plaintiff could abandon the contract and recover back money so paid , or whether the plaintiff was compel- led to claim or receive a conveyance as his ...
Page 25
... purchase money authorizes a decree of specific perform- ance ; or can I conceive any good reason for such a decis ... purchase money . I am therefore clearly of opinion , that neither the pay- ment by the purchaser of a part or even the ...
... purchase money authorizes a decree of specific perform- ance ; or can I conceive any good reason for such a decis ... purchase money . I am therefore clearly of opinion , that neither the pay- ment by the purchaser of a part or even the ...
Page 26
... purchase of land . The statute of that State is precisely the same with ours , and a recovery was had in the Circuit Court , and the judgment aflirmed in the Court of Appeals . In the case of Grant's heirs v . Craig- miles , ' in ...
... purchase of land . The statute of that State is precisely the same with ours , and a recovery was had in the Circuit Court , and the judgment aflirmed in the Court of Appeals . In the case of Grant's heirs v . Craig- miles , ' in ...
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Common terms and phrases
action administrator admitted agreement alleged amount answer appear appellant appellee assigned for error assumpsit authority bank Bibb bond branch bank cause certificate Chancery charged Circuit Court common law complainant consideration contract counsel County Court Court of equity creditors Darien debt debtor decision declaration decree deed defendant demurrer election equity evidence execution fact favor firm fraud fraudulent given indorsement intended interest issue JANUARY John John Lucas judgment JULY jurisdiction jury land Laws of Ala Lecatt liable Lucas Marengo county ment ne exeat negroes notice objection opinion paid parties payment person Pettus plaintiff in error plea pleaded possession principle proceedings promise proof prove purchase question Rapelye record recover rendered reversed rule SAFFOLD scire facias seal sheriff shew shewn statute statute of frauds sued sufficient suit sustained term tiel tion trial trust usury vendor void witness writ of error
Popular passages
Page 361 - The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law.
Page 87 - Morrell of the first part, and the town of North Hempstead in Queens County and State of New York, of the second part, witnesseth, that the said parties of the first part for and in consideration of the sum of one dollar lawful money of the United States of America, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Page 143 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Page 310 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 25 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 238 - Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and...
Page 239 - In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained...
Page 315 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Page 206 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 88 - ... have granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bargain...