Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 79D. Bottom, Superintendent of Public Print., 1885 - Law reports, digests, etc Some vols. also contain reports of cases in the General Court of Virginia. |
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Common terms and phrases
action Adm'r administrator affirmed alleged allowed amount answer appellant appellee applied ascertained assigned balance bank bill bond cause charge circuit court circumstances claim commissioner complained consideration considered constitution contract conveyed county court creditors debts deceased decree deed defendant delivered denied directed dower entered entitled equity error evidence exceptions executed executor facts filed further George give given Gratt ground guardian hands held Hoge husband interest issue John judge judgment jurisdiction jury land lien March matter necessary notice objection Opinion paid parties payment petition plaintiff plea possession proceedings proof proved purchase question real estate reason received record referred refused rendered respect reversed rule says secure settled settlement sold statement statute suit taken term thereof tion trial trustee verdict wife witnesses
Popular passages
Page 200 - That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
Page 392 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 82 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith...
Page 84 - The remedy must be plain; for, if It be doubtful and obscure at law, equity will assert a jurisdiction. It must be adequate; for, if at law it falls short of what the party is entitled to, that founds a Jurisdiction in equity.
Page 66 - And equity protects a parol gift of land, equally with a parol agreement to sell it, if accompanied by possession, and the donee, induced by the promise to give it, has made valuable improvements on the property. And this is particularly true, where the donor stipulates that the expenditure shall be made, and by doing this makes it the consideration or condition of the gift.
Page 82 - ... purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private sale; or, in default thereof, a receiver may be appointed to close up the business of the association, according to section fifty-two hundred and thirty-four.
Page 219 - A distinction Is to be noted between civil and criminal cases In respect to the degree or quantity of evidence necessary to justify the jury in finding their verdict for the government...
Page 126 - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
Page 393 - In regard to receipts, it is to be noted that they may be either mere acknowledgments of payment or delivery, or they may also contain a contract to do something in relation to the thing delivered. In the former case, and so far as the receipt goes only to acknowledge payment or delivery, it is merely prima facie evidence of the fact, and not conclusive, and therefore the fact which it recites may be contradicted by oral testimony.
Page 160 - He must take care, and make due inquiries, or he may not be a bona fide purchaser. He is bound, not only by actual but also by constructive notice, which is the same in its effect as actual notice. He must look to the title papers under which he buys and is charged with notice of all the facts appearing upon their face, or to the knowledge of which anything there appearing will conduct him. He has no right to shut his eyes or his ears to the inlet of information, and then say he is a bona fide purchaser...