Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Volume 7Hall and Heiskell, 1836 - Law reports, digests, etc |
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Common terms and phrases
acres action administrator appeal August Bank bill bond Campbell CATRON cause champerty charge Christmas circuit court claim common law complainant contract county court court of equity creditors death debt declaration decree deed defendant in error delivered the opinion detinue Dougherty endorsement evidence execution executor fact Faris fee simple fendant filed fraud half blood held hundred dollars husband intended interest John Jonesborough judge judgment jury justice KNOXVILLE land legislature Lemuel Smith letters testamentary liable lien M'Intosh M'Whorter March Matlock matter ment NASHVILLE negroes Overton county paid parties payment person plaintiff in error plea pleaded possession principle proof prosecuted proved purchase rule says scire facias settlement sheriff slave Smith Smith's Heirs sold SPARTA statute of limitations sued suit Taul Tennessee term testator tion tract trial trustee Turney usury verdict void Watkins wife Williams witness Yerg Yerger's
Popular passages
Page 314 - ... no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the...
Page 162 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 402 - TR 189, expressly decided, that, if there be a mutual account of any sort between the plaintiff and defendant, for any item of which credit has been given within six years, that is evidence of an acknowledgment of there being such an open account between the parties, and of a promise to pay the balance, so as to take the case out of the statute of limitations.
Page 94 - The condition of the above obligation is such, that whereas the above bounden is elected and appointed sheriff of county ; if, therefore, he shall well and truly execute and due return make of all process and precepts, to him directed...
Page 163 - ... the judgment of a Court of concurrent jurisdiction directly upon the points is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another Court...
Page 424 - VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female however near),- — unless where the lands have, in fact, descended from a female.
Page 540 - 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 385 - ... in action, entry, or re-entry can be granted over ; for, so, under colour thereof, pretended titles might be granted to great men, whereby right might be trodden down, and the weak oppressed, which the common law forbiddeth, — as men to grant before they be in possession.
Page 335 - No estate in joint tenancy in any lands, tenements, or hereditaments, shall be held or claimed under any grant, devise or conveyance whatsoever, heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass, not in tenancy in common...
Page 162 - What, therefore, Lord Coke says, that in personal actions concerning debts, goods, and effects, (by way of distinction from other actions,) a recovery in one action is a bar to another, is not true of personal actions alone, but is equally and universally true as to all actions whatsoever, quoad their subject matters.