Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Volume 9Hale and Phelan, printers, 1846 - Law reports, digests, etc |
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Page 25
... proved by Roberts , that this writing , as well as the bill of sale , were in the hand - writing of the plaintiff , and at his request were attested by the wit- ness , both at the same time , and as parts of an entire trans- action ...
... proved by Roberts , that this writing , as well as the bill of sale , were in the hand - writing of the plaintiff , and at his request were attested by the wit- ness , both at the same time , and as parts of an entire trans- action ...
Page 31
... prove by parol evidence , the time when , by whom , and the circum- stances under which the memorandum was made . It was thereupon proved to have been affixed to the note before it was delivered to the payee ; and the Court held , that ...
... prove by parol evidence , the time when , by whom , and the circum- stances under which the memorandum was made . It was thereupon proved to have been affixed to the note before it was delivered to the payee ; and the Court held , that ...
Page 37
... prove the extent of the liens then against his lands . One of these was for $ 1000 , and another for $ 127 . The ... proved that it had been searched for , but not found in the files , and that the entry on the docket was in the ...
... prove the extent of the liens then against his lands . One of these was for $ 1000 , and another for $ 127 . The ... proved that it had been searched for , but not found in the files , and that the entry on the docket was in the ...
Page 65
... proved by parol , there being no note , or memorandum in writing , of an agreement to contribute as co - sureties , and that the contract of indorsement could not be altered by parol . This objection was overruled . The plaintiff , in ...
... proved by parol , there being no note , or memorandum in writing , of an agreement to contribute as co - sureties , and that the contract of indorsement could not be altered by parol . This objection was overruled . The plaintiff , in ...
Page 67
... proved , that the parties were to be mutually liable . Now if the evidence tended to show any agreement , all the parties to the bills were , and not Sherrod and Rhodes to each other , mutually . This agreement , conceding it to have ...
... proved , that the parties were to be mutually liable . Now if the evidence tended to show any agreement , all the parties to the bills were , and not Sherrod and Rhodes to each other , mutually . This agreement , conceding it to have ...
Contents
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418 | |
434 | |
466 | |
491 | |
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551 | |
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592 | |
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625 | |
645 | |
677 | |
801 | |
850 | |
875 | |
895 | |
901 | |
908 | |
946 | |
955 | |
999 | |
1016 | |
1041 | |
1049 | |
1053 | |
1058 | |
1065 | |
1076 | |
1077 | |
1083 | |
Other editions - View all
Common terms and phrases
action Adm'r administrator affirmed agreement alledged amount answer appear assigned assumpsit Bank bill of exceptions bond Branch Bank cause Chancery Circuit Court cited claim Clay's complainant contract Copeland County Court Court of Chancery court of equity creditors Davenport debt debtor declaration decree deed defendant in error defendant's demurrer detinue distributees dollars entitled equity evidence execution fact fendant filed fraud garnishee indorser insisted intended intestate issue Judge judgment Juzan land levy liable matter ment Mobile mortgage motion notice objection Orphans paid party payment person plaintiff in error plea plea in abatement pleaded Porter Porter's Rep possession promissory note proof proved question received record recover refused rendered reversed scire facias settlement sheriff slaves sold statute statute of frauds sued sufficient suit surety sustained term tion trial trust vendor verdict wife witness Writ of Error
Popular passages
Page 616 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 423 - Lord one thousand eight hundred and twenty-one, or shall hereafter be made and executed, shall be void and of no effect against a subsequent judgment creditor, or bona fide purchaser, or mortgagee for a valuable consideration, not having notice thereof...
Page 783 - It is a question of fact for the jury, under all the circumstances of the case...
Page 446 - ... will be entitled to every remedy, which the creditor has against the principal debtor ; to enforce every security and all means of payment; to stand in the place of the creditor; not only through the medium of contract, but even by means of securities, entered into without the knowledge of the surety; having a right to have those securities transferred to him ; though there was no stipulation for that; and to avail himself of all those securities against the debtor.
Page 551 - ... is hereby, authorized to enter with the register of the land office for the district in which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter section of land...
Page 1013 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Page 890 - Where a man having by a woman one or more children, shall afterwards intermarry with such woman, such child or children, if recognized by him, shall be thereby legitimated.
Page 215 - ... other citizens of the United States, without any tax, duty, impost or toll therefor.
Page 179 - ... no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor, business or work of their ordinary callings upon the Lord's day, or' any part thereof (works of necessity and charity only excepted...
Page 504 - Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit out of the same, by writing or otherwise, and every bond, suit, judgment or execution, had or made, and contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions...