Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volume 1Jones, Purvis, 1870 - Law reports, digests, etc |
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Page 44
... soldiers across his own land , to a place of encampment common to both armies ; that he pointed in a direction which might indicate the land of the defendant in error , or of other adjoining proprietors ; that timber was cut off the ...
... soldiers across his own land , to a place of encampment common to both armies ; that he pointed in a direction which might indicate the land of the defendant in error , or of other adjoining proprietors ; that timber was cut off the ...
Page 45
... soldiers would encamp upon his own land , or that of the defendant in error , and would take the timber and property of one or the other ; informed them that he was a rebel , and that defendant in error was a Union man , and requested ...
... soldiers would encamp upon his own land , or that of the defendant in error , and would take the timber and property of one or the other ; informed them that he was a rebel , and that defendant in error was a Union man , and requested ...
Page 46
... soldiers , under the command of General Vaughn , encamped for two or three days , and cut timber upon the land of defendant in error ; and that in January or February , 1864 , a brigade of rebel soldiers , under the command of Gen ...
... soldiers , under the command of General Vaughn , encamped for two or three days , and cut timber upon the land of defendant in error ; and that in January or February , 1864 , a brigade of rebel soldiers , under the command of Gen ...
Page 47
... soldiers into the timber . She stated further , that part of the soldiers had turned off toward the woods before Smith got to the turning - off place , and that most of the column were ahead of him . Margaret Daily states that she also ...
... soldiers into the timber . She stated further , that part of the soldiers had turned off toward the woods before Smith got to the turning - off place , and that most of the column were ahead of him . Margaret Daily states that she also ...
Page 49
... soldiers , and the connection with it of the plaintiff in error , de- pended upon evidence purely circumstantial , it was not Jacob C. Smith v . William Brazelton . legitimate to 4 SEPTEMBER TERM , 1870 . 49 Jacob C. Smith v. William ...
... soldiers , and the connection with it of the plaintiff in error , de- pended upon evidence purely circumstantial , it was not Jacob C. Smith v . William Brazelton . legitimate to 4 SEPTEMBER TERM , 1870 . 49 Jacob C. Smith v. William ...
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Common terms and phrases
action Adm'r affidavit alleged amount answer appeal in error attachment attorney bill of exceptions bond cause Chancellor Chancery Court charge Circuit Court Circuit Judge cited Clerk Code Cold complainant Confederate money contract conveyance County court of equity creditors DEADERICK debt declaration decree deed defendant in error delivered the opinion demurrer dollars entitled equity error coram nobis evidence execution fact fendant filed George W Government Greene County Greeneville held insisted issue James John Joseph judgment jurisdiction jury Justice land liability lien MCFARLAND ment motion paid party payment person plainant plaintiff in error plea pleadings presiding proof purchase money question R. M. BARTON rebel record remanded replevin reversed rule Scruggs service of process Smith Sneed sold soldiers Southern Express Company statute suit surety term testator testimony tion tract trespass trial verdict void wife William witness writ of error
Popular passages
Page 516 - 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 54 - Hence, in organizing this rebellion, they have acted as States claiming to be Sovereign over all persons and property within their respective limits, and asserting a right to absolve their citizens from their allegiance to the Federal Government.
Page 719 - Story says, if the mistake is made out of proofs entirely satisfactory, equity will reform the contract so as to make it conform to the precise intent of the parties; but if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely plain, equity will withhold relief, upon the ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy.
Page 271 - Without considering any of the other questions which have been argued, we reverse the judgment and Remand the cause for a new trial.
Page 123 - They bore, indeed, this character upon their face, for they were made payable -after the ratification of a treaty of peace between the Confederate States and the United States of America.
Page 718 - ... violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Page 136 - Contracts stipulating for payments in this currency cannot be regarded for that reason only as made in aid of the foreign invasion in the one case, or of the domestic insurrection in the other. They have no necessary relations to the hostile government, whether invading or insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into...
Page 136 - ... insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into with actual intent to further invasion or insurrection. We cannot doubt that such contracts should be enforced in the courts of the United States, after the restoration of peace, to the extent of their just obligation.
Page 60 - The United States acknowledge and protect, in hostile countries occupied by them, religion and morality ; strictly private property ; the persons of the inhabitants, especially those of women ; and the sacredness of domestic relations. Offences to the contrary shall be rigorously punished.
Page 693 - ... and reverence ever after. They who protected the weakness of our infancy are entitled to our protection in the iiiflrmity of their age.