Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Volume 5Hale and Phelan, printers, 1844 - Law reports, digests, etc |
Contents
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Common terms and phrases
action adm'r administrator administratrix affidavit affirmed alleged amount answer appear assignments of error assumpsit authorised bill of exceptions bond Branch Bank chancery Circuit Court cited claim claimant common law complainant contract county court court erred court of chancery court of equity creditors debt debtor declaration decree deed defendant in error demand demurrer dollars endorser entitled equity evidence ex'r execution executor facias fact fendant fieri facias filed fraud garnishee given heirs held insolvent intended issue John judge judgment land levy liable lien matter ment mortgage motion notice objection overruled paid party payment person plaintiff in error plea pleaded Porter Porter's Rep possession proceedings promissory note proof proved question Rail Road Company record recover refused rendered rule scire facias sheriff slaves sold statute sued sufficient suit sureties term testator tion trial trust vendor verdict Wetumpka witness writ of error
Popular passages
Page 587 - Court. to the lord of the fee), as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed...
Page 469 - II., c. 7, it is enacted that " no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor, business, or work of their ordinary callings upon the Lord's day, or any part thereof (works of necessity and charity only excepted...
Page 461 - ... upon good consideration and bona fide lawfully conveyed or assured to any person or persons, or bodies politic or corporate, not having at the time of such conveyance or assurance to them made, any manner of notice or knowledge of such covin, fraud or collusion as is aforesaid; any thing before mentioned to the contrary hereof notwithstanding.
Page 507 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the partv, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting debt, which the party is liable and willing to pay.
Page 248 - When a creditor bequeaths a legacy to his debtor, and either does not notice the debt, or mentions it in such a manner as to leave his intention doubtful, and after his death the security for the debt is found uncanceled among the testator's property, the courts of equity do not consider the legacy to the debtor as necessarily, or...
Page 373 - The making of the note by Langford was not a mere fraud upon the defendant. It was something more. It was quite as much a forgery as if he had found the blank, or purloined it from the defendant's possession. If a recovery were allowed upon such a state of facts, then every one who ever indulges...
Page 464 - ... dollars, nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment.
Page 369 - It was an action on the*, case, brought by the defendant in error, against the plaintiff in error, and Richard C.
Page 602 - The question in this case is, whether the intelligence of extrinsic circumstances, which might influence the price of the commodity, and which was exclusively within the knowledge of the vendee, ought to have been communicated by him to the vendor. The court is of opinion that he was not bound to communicate it.
Page 667 - Lightfoot then and there instantly died, and so the jurors aforesaid, upon their oath aforesaid, do say, that the said David Beckett, the said John Lightfoot, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the form of the statute in such case made and provided, and against the peace and dignity of the state of Ohio.