The South Western Reporter, Volume 58West Publishing Company, 1900 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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Page 6
... purchase money , and demanded of her that she make him an inde- feasible title in fee simple to said lands . She refused to accept the purchase money , and failed to make him a title thereto in fee . August 16 , 1855 , said Alexander S ...
... purchase money , and demanded of her that she make him an inde- feasible title in fee simple to said lands . She refused to accept the purchase money , and failed to make him a title thereto in fee . August 16 , 1855 , said Alexander S ...
Page 51
... purchased without notice of a deed to the same land , sufficiently executed , but improper- ly recorded , where proof of payment of the purchase money is made , more than 40 years have elapsed , and all the parties to the trans- action ...
... purchased without notice of a deed to the same land , sufficiently executed , but improper- ly recorded , where proof of payment of the purchase money is made , more than 40 years have elapsed , and all the parties to the trans- action ...
Page 52
... purchase it was the intention of the husband and wife that the land should become the separate estate of the wife , and the defendant had notice of the claim of the wife before his purchase of the land under his judgment , then they ...
... purchase it was the intention of the husband and wife that the land should become the separate estate of the wife , and the defendant had notice of the claim of the wife before his purchase of the land under his judgment , then they ...
Page 53
... purchase ) that the law would recognize and protect the land so bought as the separate estate of M. J. Clardy ; and if you find the facts to be so you will find for the defendant , whether said property was purchased with the separate ...
... purchase ) that the law would recognize and protect the land so bought as the separate estate of M. J. Clardy ; and if you find the facts to be so you will find for the defendant , whether said property was purchased with the separate ...
Page 146
... PURCHASE BY SETTLER - FOR- FEITURE . Sayles ' Civ . St. arts . 4218f , 4218ff , 4218fff , authorize an actual settler on lands to purchase the section on which he is a settler and three additional rections within a radius of five miles ...
... PURCHASE BY SETTLER - FOR- FEITURE . Sayles ' Civ . St. arts . 4218f , 4218ff , 4218fff , authorize an actual settler on lands to purchase the section on which he is a settler and three additional rections within a radius of five miles ...
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Common terms and phrases
action adverse possession Affirmed alleged amount Appeals of Texas appellant appellant's appellee applied assigned attorney authority bill cause chancellor chancery court charge circuit court claim complainant contract convicted coun counsel creditors criminal damages debt deceased decree deed of trust defendant defendant's demurrer entitled evidence Ewin executed fact fendant filed grand jury ground heirs held indictment injury instruction interest issue judge judgment jurisdiction juror killing land lien loan ment motion negligence opinion paid parties payment person petition plaintiff plaintiff in error proof prosecution purchase question railroad Railway reason recover refused reversed reversible error rule Shelby county sold statute statute of limitations suit supreme court sustained Tenn Tennessee term testator testified testimony Texas thereof tion track train trial usury verdict wife witness writ of error
Popular passages
Page 273 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Page 29 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Page 29 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 30 - That every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its railroad, as defined by the first section of this act.
Page 273 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 30 - ... classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges.
Page 312 - Is conceded by learned counsel for the defendant that the statute of limitations does not begin to run against a...
Page 55 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 30 - ... notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the...
Page 208 - If, on the other hand, after making an agreement, in the process of reducing it to a written form, the instrument, by means of a mistake of law fails to express the contract which the parties actually entered into, equity will interfere with the appropriate relief either by way of defense to its enforcement, or by cancellation, or by reformation, to the same extent as if the failure of the writing to express the real contract was caused by a mistake of fact.