Reports of Cases Decided in the Supreme Court of Appeals of West Virginia, Volume 4J.W. Gentry, 1871 - Law reports, digests, etc |
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Results 1-5 of 56
Page 86
... trust given to secure the payment of the bond , but the deed itself was not offered in evidence . The plaintiff obtained a supersedeas from this court . Stanton & Allison and Kennedy , for the plaintiff in error . Faulkner for the ...
... trust given to secure the payment of the bond , but the deed itself was not offered in evidence . The plaintiff obtained a supersedeas from this court . Stanton & Allison and Kennedy , for the plaintiff in error . Faulkner for the ...
Page 93
... trust to secure the residue of the purchase money paya- ble in confederate notes . Held by the court , that the sale of the land by Wylie to Brown to be paid for in confederate notes was illegal , but nevertheless an executed contract ...
... trust to secure the residue of the purchase money paya- ble in confederate notes . Held by the court , that the sale of the land by Wylie to Brown to be paid for in confederate notes was illegal , but nevertheless an executed contract ...
Page 94
... trust , can place him in no better situation than if the bond had been delivered by him to the appellee at the time of its payment in full . The instruction of the circuit court was in accordance with the principles announced by this ...
... trust , can place him in no better situation than if the bond had been delivered by him to the appellee at the time of its payment in full . The instruction of the circuit court was in accordance with the principles announced by this ...
Page 95
... trust deed given to secure the bond . The jury found a verdict for the defendant , which was set aside on motion of the plain- tiff , and a new trial granted , and a second trial had , and a second verdict found for the defendant . The ...
... trust deed given to secure the bond . The jury found a verdict for the defendant , which was set aside on motion of the plain- tiff , and a new trial granted , and a second trial had , and a second verdict found for the defendant . The ...
Page 186
... trust cannot go into a court of equity to enjoin a sale of trust effects under an execution issued and levied by virtue of a subsequently acquired judgment , there being a complete and adequate remedy at law . 5. A reservation to the ...
... trust cannot go into a court of equity to enjoin a sale of trust effects under an execution issued and levied by virtue of a subsequently acquired judgment , there being a complete and adequate remedy at law . 5. A reservation to the ...
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Common terms and phrases
acres adm'r affidavit affirmed alleged answer appears appellant appellee assigned assumpsit authority averment Ballard bank BERKSHIRE bond Caperton Carper cause circuit court claimed Clarkson coal Code Code of Virginia common law complainant confederate money constitution contract court of equity creditors Crowdhill damages Davis declaration decree deed defendant in error demurrer dismissed dollars Donnally equity evidence executed fact filed Fluharty Forney fraud grant grantor Gratt Greenbrier county Harrison heirs held illegal injunction issue Jan'y Term January Term John judges concurred judgment jurisdiction jury Kanawha county land legislature lien MAXWELL ment Monroe county motion non est factum objection opinion overruled paid parties payment person plaintiff in error plea pleaded President proceedings purchase money question real estate rebellion receipt record refused rendered replication rule sold statute suit sustained thereof tion tract trespass trial trust usury verdict void Wellsburg West Virginia wife witness
Popular passages
Page 334 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 92 - 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 224 - In short, ex post facto laws relate to penal and criminal proceedings which impose punishments or forfeitures, and not to civil proceedings which affect private rights retrospectively.
Page 151 - The time and manner of their operation, the exceptions to them, and the acts from which the time limited shall begin to run, will generally depend on the sound discretion of the legislature, according to the nature of the titles, the situation of the country, and the emergency which leads to their enactment.
Page 27 - That rule is, that a covenant will be construed to be joint or several according to the interest of the parties appearing upon the face of the deed, if the words are capable of that construction; not that it will be construed to be several by reason of several interests, if it be expressly joint.
Page 142 - This argument rests on the assumption of two propositions, each of which is without foundation in the established law of nations. It assumes that where a civil war exists, the party belligerent, claiming to be Sovereign, cannot, for some unknown reason, exercise the rights of belligerents, although the revolutionary party may.
Page 360 - An act further to provide for the collection of duties on imports, and for other purposes...
Page 683 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 534 - A notice, no particular mode of serving which is prescribed, may be served by delivering a copy thereof in writing to the party in person; or, if he be not found at his usual place of abode...
Page 141 - The appellants contend that the term "enemy" is properly applicable to those only who are subjects or citizens of a foreign State at war with our own. They quote from the pages of the common law, which say, "that persons who wage war against the King may be of two kinds, subjects or citizens. The former are not proper enemies, but rebels and traitors; the latter are those that come properly under the name of enemies.