Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 16 |
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Results 1-5 of 100
Page 11
... opinion of the court . The several rulings of the court are assigned as error . PORTER , for plaintiff in error . 1. The allegation of money , ascertained by decree to be due by the administrator to the distributee , is not a sufficient ...
... opinion of the court . The several rulings of the court are assigned as error . PORTER , for plaintiff in error . 1. The allegation of money , ascertained by decree to be due by the administrator to the distributee , is not a sufficient ...
Page 17
... opinion of the Court . J. B. CLARKE and PORTER for plaintiff . - 1 . A judgment on a general demurrer to a declaration is a final judgment on the merits . Gould's Pleading , 477 , §§ 43-44 ; Bacon's Ab . , title Pleas and Pleading ...
... opinion of the Court . J. B. CLARKE and PORTER for plaintiff . - 1 . A judgment on a general demurrer to a declaration is a final judgment on the merits . Gould's Pleading , 477 , §§ 43-44 ; Bacon's Ab . , title Pleas and Pleading ...
Page 19
... opinion , that the plea , al- though it does not set out the record of the former judgment , sufficiently identifies the two declarations , to satisfy them , that they are substantially the same , and being the same , the judg- ment on ...
... opinion , that the plea , al- though it does not set out the record of the former judgment , sufficiently identifies the two declarations , to satisfy them , that they are substantially the same , and being the same , the judg- ment on ...
Page 25
... opinion upon it . The court charg- ed the jury that if the mortgagor retained the possession of the slaves , after the law day had passed , that this was prima facie evidence of fraud . In the case of the Plan . and Mer . Bank , v ...
... opinion upon it . The court charg- ed the jury that if the mortgagor retained the possession of the slaves , after the law day had passed , that this was prima facie evidence of fraud . In the case of the Plan . and Mer . Bank , v ...
Page 68
... opinion of the court . BELSER & HARRIS , for plaintiffs in error : 1. The entire clause of the will above referred to , shows that the $ 2000 directed to be retained in the hands of the executors , is a separate estate for the benfit of ...
... opinion of the court . BELSER & HARRIS , for plaintiffs in error : 1. The entire clause of the will above referred to , shows that the $ 2000 directed to be retained in the hands of the executors , is a separate estate for the benfit of ...
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Common terms and phrases
action adm'r administrator adverse possession alleged Allen Jones amount answer assigned assumpsit authorised avers Bank bill of exceptions bond Branch Bank chancellor chancery Chancery Court charge the jury Circuit Court claim Clay's complainant contract County Court court of chancery court of equity creditors DARGAN debt deceased declaration decree deed of trust defendant in error demand demurrer detinue discharge distributees dollars dower entitled evidence Ex'rs execution executor facts favor fendant filed final settlement fraud garnishee guardian Hanrick heirs held husband insolvent interest intestate issue John Jones Judge judgment jurisdiction land levied liable lien ment Mobile mortgage notice objection Orphans paid Parke Jones party payment person plaintiff in error plea possession proceeding promise proof proved purchase question record recover refused rendered rent rule sheriff slaves Smith sold statute sued sufficient suit sureties sustained term tion wife witness writ
Popular passages
Page 207 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 410 - Business' is a very comprehensive term and embraces everything about which a person can be employed. Black's Law Diet., 158, citing People v. Commissioners of Taxes, 23 NY 242, 244, 'that which occupies the time, attention and labor of men for the purpose of a livelihood or profit.
Page 244 - April, one thousand eight hundred and thirteen, be entitled to a grant for the land so claimed, or settled on, as a donation: Provided, That not more than one tract shall be thus granted to any one person, and the same shall not contain more than six hundred and forty acres; and that no lands shall be thus granted which are claimed or recognised by the preceding sections of this act.
Page 543 - It would be to allow an act, originating in 'innocence, to operate ultimately as a fraud, by enabling the party, who receives the benefit of the mistake, to resist the claims of justice, under the shelter of a rule framed to promote...
Page 207 - ... unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person by him or her thereunto lawfully authorized.
Page 246 - All the grants of land made before the 24th of January, 1818, by His Catholic Majesty or by his lawful authorities in the said Territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the Territories had remained under the Dominion of His Catholic Majesty.
Page 273 - ... is an adjudication upon all the facts necessary to give jurisdiction, and whether they existed or not is wholly immaterial, if no appeal is taken ; the rule is the same whether the law gives an appeal or not ; if none is given from the final decree, it is conclusive on all whom it concerns. The record is absolute verity, to contradict which there can be no averment or evidence; the court having power to make the decree, it can be impeached only by fraud in the party who obtains it.
Page 706 - There is no principle better established in this court, nor one founded on more solid considerations of equity and public utility, than that which declares, that if one man, knowingly, though he does it passively, by looking on, suffers another to purchase and expend money on land, under an erroneous opinion of title, without making known his claim, he shall not afterward be permitted to exercise his legal right against such person. It would be an act of fraud and injustice, and his conscience is...
Page 190 - If a new case should arise, where it would be more beneficial to the infant, "That the deed should be considered as void;" if he might incur a forfeiture, or be subject to damages, or a breach of trust, in respect of a third person, unless it was deemed void ; — the reason of the privilege would warrant an exception, in such case, to the general rule.
Page 708 - ... works a divestiture of title, can be created in my opinion only by as high evidence. I have looked with some care into the English cases, but I have not found one in which a plaintiff at law was held to be bound by a parol estoppel when the subject-matter was such that the title could pass only by deed.