Reports of Cases Argued and Determined in the General Court and Court of Appeals of the State of Maryland, Form 1800 ... [to 1826], Volume 6Jonas Green, printer, 1825 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 27
... contract as evidenced by the deed executed by Pumphrey to Wesley . By the rule of the common law , independent of ... contracts against all interpolations , by considering the agreement as furnishing the best evidence of the intention of ...
... contract as evidenced by the deed executed by Pumphrey to Wesley . By the rule of the common law , independent of ... contracts against all interpolations , by considering the agreement as furnishing the best evidence of the intention of ...
Page 38
... contract , to defendants , at the county aforesaid , a large quantity , to enable the plain then prove , wit , sixty hogsheads of tobacco , whereof 45,000 weight was it , must Perrone on to be crop and 15,000 weight second tobacco , at ...
... contract , to defendants , at the county aforesaid , a large quantity , to enable the plain then prove , wit , sixty hogsheads of tobacco , whereof 45,000 weight was it , must Perrone on to be crop and 15,000 weight second tobacco , at ...
Page 41
... contract . If the appellees had sued the appellant for nondelivery , they could not have founded their action on the contract . They cannot set off the nondelivery of the tobacco in this action . Heath , for the appellees . A written ...
... contract . If the appellees had sued the appellant for nondelivery , they could not have founded their action on the contract . They cannot set off the nondelivery of the tobacco in this action . Heath , for the appellees . A written ...
Page 42
... contract still existing and unexecuted . Weston vs. Downes , Doug . 23. Power vs. Wells , Cowp . 818 , recognized in Towers vs. Barrett , 1 T. R. 133. It is not pretended that this contract has been executed by the plaintiff . It has ...
... contract still existing and unexecuted . Weston vs. Downes , Doug . 23. Power vs. Wells , Cowp . 818 , recognized in Towers vs. Barrett , 1 T. R. 133. It is not pretended that this contract has been executed by the plaintiff . It has ...
Page 43
... contract here is , that the money was to be paid after the delivery of the tobacco ; the tobacco was to be delivered before the 10th of May , and it was to be paid for in December following . The party must aver and prove performance ...
... contract here is , that the money was to be paid after the delivery of the tobacco ; the tobacco was to be delivered before the 10th of May , and it was to be paid for in December following . The party must aver and prove performance ...
Common terms and phrases
act of assembly action admitted aforesaid agreement amount answer appeal appellee argued before BUCHANAN assumpsit award Baltimore county court Bank Bank of Columbia Beall bill of exceptions bond cause was argued Chan chancellor Charles Digges claim clause commissioners complainants contended contract court of chancery court of equity creditors Daniel Bowly debt declaration decree deed defendant delivered devise Dorsey endorsor entitled equity execution executors fee simple fendant fieri facias filed fraud George Town give Harford county Harr heirs Heyland intended interest issue John judgment June jury Lammot lease Lessee lien Magruder MARTIN ment Montgomery county negroes opinion orphans court paid parties payment person plaintiff pleaded possession proceedings proof proved question recover refused sheriff statute statute of frauds STEPHEN suit term testator thereof Thomas Thompson tion tract of land trustee wife William Lux witness words writ
Popular passages
Page 209 - God and as touching such worldly estate wherewith it has pleased God to bless me in this life I give devise and dispose of the same in the following manner and form...
Page 197 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State.
Page 368 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 197 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 136 - CD, is not bound by the law of the land to answer the same. And this he is ready to verify. Wherefore, for want of a sufficient...
Page 197 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 206 - I shall receive the same again by the mighty power of God. And as touching such worldly estate wherewith it has pleased God to bless me in this life I give, demise, and dispose of the same in the following manner...
Page 227 - Estate wherewith it hath pleased God to bless me with in this life I Give Demise and Dispose of the same in the following manner and form IMPRIMIS I Give and Bequeath unto my son John Travis one shilling.
Page 210 - I verily believe, that in almost every case where by law a general devise of lands is reduced to an estate for life, the intent of the testator is thwarted; for ordinary people do not distinguish between real and personal property. The rule of law however is established and certain, that express words of limitation, or words tantamount, are necessary to pass an estate of inheritance.
Page 83 - AJ] refused to give; but were of opinion, anil directed the jury, that if they should believe from the evidence that the...