Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 18 |
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Page 16
... matter relied on as a bar by the defendants . It was executed by Mr. Holt as the administrator of William J. Beattie , and by the complain- ant and his father , and the other distributees of the intestate or their guardian , by their ...
... matter relied on as a bar by the defendants . It was executed by Mr. Holt as the administrator of William J. Beattie , and by the complain- ant and his father , and the other distributees of the intestate or their guardian , by their ...
Page 18
... matter will be set up as a bar to the relief prayed , may state it in his bill and then charge such facts as will avoid the bar . But if a bar be set up in defence , of which he was not aware , he can amend his bill so as to allege any ...
... matter will be set up as a bar to the relief prayed , may state it in his bill and then charge such facts as will avoid the bar . But if a bar be set up in defence , of which he was not aware , he can amend his bill so as to allege any ...
Page 23
... the plaintiff's could recover . If this conclu- sion be true , then property never could be recovered against an adverse possession , no matter how perfect the right to it . Price et als . v . Talley's Adm'rs . 3. JUNE TERM , 1550 . 23.
... the plaintiff's could recover . If this conclu- sion be true , then property never could be recovered against an adverse possession , no matter how perfect the right to it . Price et als . v . Talley's Adm'rs . 3. JUNE TERM , 1550 . 23.
Page 39
... matter ? He had nothing whatever to do with it ; is no party or privy to the pro- ceedings ; and if he be not a guardian , whose authority over the estate can be looked to , he has no interest to propound , and the order of the court ...
... matter ? He had nothing whatever to do with it ; is no party or privy to the pro- ceedings ; and if he be not a guardian , whose authority over the estate can be looked to , he has no interest to propound , and the order of the court ...
Page 41
... matter of husbanding this estate for the ward , and placing it in the hands of such guardian , as will best secure the faithful management of it for her benefit . There may be many cir- cumstances connected with this case , which the ...
... matter of husbanding this estate for the ward , and placing it in the hands of such guardian , as will best secure the faithful management of it for her benefit . There may be many cir- cumstances connected with this case , which the ...
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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.