Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 18 |
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Page 17
... claim , which said intestate in his life - time and which his legal repre- sentatives then had , in the funds , debts , claims , demands and dues of the company , and against the individual members , arising out of company transactions ...
... claim , which said intestate in his life - time and which his legal repre- sentatives then had , in the funds , debts , claims , demands and dues of the company , and against the individual members , arising out of company transactions ...
Page 25
... claiming him abso- lutely under color of title , and the transferors knew this at the time of the transfer to ... claim of title ; title asserted as hostile or ad- verse to the title of the true owner . - Nelms v . Hinton , 13 Ala ...
... claiming him abso- lutely under color of title , and the transferors knew this at the time of the transfer to ... claim of title ; title asserted as hostile or ad- verse to the title of the true owner . - Nelms v . Hinton , 13 Ala ...
Page 26
... claiming the same as his own , having purchased at constable's sale on the 4th March 1828 , under the belief that ... claim of all persons , and that this was known to said persons , ( the Hughes , ) at the time they executed the said ...
... claiming the same as his own , having purchased at constable's sale on the 4th March 1828 , under the belief that ... claim of all persons , and that this was known to said persons , ( the Hughes , ) at the time they executed the said ...
Page 27
... claim of title , and had the persons making the transfer knowledge of this fact at the time of such transfer ? These inquiries were fairly and pro- perly presented by the charge of the court to the jury ; and being the only matters ...
... claim of title , and had the persons making the transfer knowledge of this fact at the time of such transfer ? These inquiries were fairly and pro- perly presented by the charge of the court to the jury ; and being the only matters ...
Page 32
... claim to the property levied on under the attachment . ERROR to the Circuit Court of Mobile . Tried before the Hon . John Bragg . BLOCKER , for the plaintiff : The ruling of the Circuit Court , in vacating the judgment against G. B. ...
... claim to the property levied on under the attachment . ERROR to the Circuit Court of Mobile . Tried before the Hon . John Bragg . BLOCKER , for the plaintiff : The ruling of the Circuit Court , in vacating the judgment against G. B. ...
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Common terms and phrases
action adm'r administrator admissible admitted alleged amount appear assumpsit authorise Bank bill of exceptions bond cause remanded chancellor Chancery CHILTON choses in action Circuit Court cited claim common law complainant contract cotton court of chancery court of equity coverture creditors DARGAN death debt deceased declaration decree deed defendant in error demand demurrer detinue devise distributees dollars endorsement entitled evidence Ex'rs execution executor facts favor filed grantor guardian heirs held husband indictment intention intestate issue John judg judgment jurisdiction land legal title liable lien ment Moses Walker negro notice objection offence opinion Orphans overruled paid party payment person plaintiff in error plea possession proof prove purchase money question record recover refused rendered rule scire facias settlement sheriff slave sold statute statute of limitations sued sufficient suit term testator tion trial trust Walker wife witness words writ of error
Popular passages
Page 399 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 277 - No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors, to the fourth generation inclusive, (though one ancestor of each generation may have been a white person.) shall vote for members of the senate or house of commons.
Page 165 - In the construction of ambiguous expressions the situation of the parties may very properly be taken into view. The ties which connect the testator with his legatees, the affection subsisting between them, the motives which may reasonably be supposed to operate with him, and to influence him in the disposition of hie property, are all entitled to consideration, In expounding doubtful words, and ascertaining the meaning in which the testator used them.
Page 592 - The conclusion to be drawn from the cases is, that if the party be indebted at the time of the voluntary settlement, it is presumed to be fraudulent in respect to such debts, and no circumstance will permit those debts to be affected by the settlement, or repel the legal presumption of fraud.
Page 121 - They are in every instance the sole judges of the facts, and, when called as grand jurors, they are the judges of the law as well as of the facts.
Page 339 - There is, on the part of the hirer, an implied obligation, not only to use the thing with due care and moderation, but also not to apply it to any other use than that, for which it is...
Page 324 - This is not the true principle : it is this ; he who affirms either what he does not know to be true, or knows to be false, to another's prejudice and his own gain, is both in morality and law guilty of falsehood, and must answer in damages.
Page 331 - ... 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, and, even if the party innocently misrepresents a material fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party.
Page 389 - A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and who shall not be eligible to serve either as principal or deputy for the three succeeding years.
Page 53 - seems to have arisen from the term " actual ouster" as if it meant some act " accompanied by real force, and as if a turning out by the shoulders were " necessary. But that is not so. A man may come in by a rightful possession, and yet hold over adversely without a title.