Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 20B.J. Borden, 1859 - Law reports, digests, etc |
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Page x
... heirs 337 Holmes vs. State .... 168 P. Howard advs . Underhill's admr . and heirs Howell advs . Petray .. Howell et al . vs. Howell .. Hunt vs. McFadgen ..... 663 Parr advs . Vaughan ad ... 615 Pearce advs Elliott et al .. 25 Peay , Rec ...
... heirs 337 Holmes vs. State .... 168 P. Howard advs . Underhill's admr . and heirs Howell advs . Petray .. Howell et al . vs. Howell .. Hunt vs. McFadgen ..... 663 Parr advs . Vaughan ad ... 615 Pearce advs Elliott et al .. 25 Peay , Rec ...
Page xi
... heirs advs . Hempstead land agent ) Underhill's ad . & heirs vs. Howard .. 663 ........ CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF ARKANSAS CASES IN THIS VOLUME . XI.
... heirs advs . Hempstead land agent ) Underhill's ad . & heirs vs. Howard .. 663 ........ CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF ARKANSAS CASES IN THIS VOLUME . XI.
Page 19
... Heirs et al . vs. McGuire & wife et al . 15 Ark . 590 , as to personal property , where the intestate dies without descendants , adhered to . A guardian being largely indebted to his ward , obtained an order of the Probate Court ...
... Heirs et al . vs. McGuire & wife et al . 15 Ark . 590 , as to personal property , where the intestate dies without descendants , adhered to . A guardian being largely indebted to his ward , obtained an order of the Probate Court ...
Page 20
... heirs or legal representatives could have enforced or com- pelled Cross , in a Court of equity or otherwise , to convey said lands to Lipscomb . And Cross did not even act under the license given him by the Probate Court ; but , by the ...
... heirs or legal representatives could have enforced or com- pelled Cross , in a Court of equity or otherwise , to convey said lands to Lipscomb . And Cross did not even act under the license given him by the Probate Court ; but , by the ...
Page 23
... heirs et al . vs. McGuire & wife and others , 15 Ark . 599 : " that personal property , where there were no descendants , should go to collaterals in the same way it would have gone to descendants , if any ; that is to say , per capita ...
... heirs et al . vs. McGuire & wife and others , 15 Ark . 599 : " that personal property , where there were no descendants , should go to collaterals in the same way it would have gone to descendants , if any ; that is to say , per capita ...
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Common terms and phrases
action adverse possession advs agreement alleged answer appellant appellee attorney Bank bill of sale Borden Brittin certificate Chancery charter Chester Ashley Chief Justice ENGLISH Circuit Court Circuit Judge claim Clary & Latimer complainant contract Conway corporation County Court Court of Chancery court of equity Crabtree creditors debt declaration decree deed defendant delivered the opinion demurrer entitled evidence execution facts ferry filed Fowler fraud Gould's Handy heirs Hempstead Hempstead county indictment interest issue JANUARY John G judgment jurisdiction jury Justice ENGLISH delivered Land Agent lien Little Rock Lumpkin ment negroes paid parties payment person plaintiff plea Pope county possession Probate Court proceedings Pulaski county purchase record Rector Red river road sheriff slaves sold statute of limitations suit taxes TERM testimony thereof tiel tion tract trial trust Van Buren county void Wassell Watkins wife witness writ
Popular passages
Page 590 - Unless this were so, there would be no certainty in the law; for a misconstruction by the Court is the proper subject, by means of a bill of exceptions, of redress in a Court of Error; but a misconstruction by the jury cannot be set right at all effectually.
Page 402 - It would be repugnant to a sense of refined and accurate justice. It would be immoral, because it would be against the reciprocal obligation to do nothing to the prejudice of each other's equal claim, which the relationship of the parties as joint devisees created. Community of interest produces a community of duty; and there is no real difference, on the ground of policy and justice, whether one cotenant buys up an outstanding incumbrance or an adverse title to disseise and expel his cotenant.
Page 449 - Respondent moved for a new trial on the grounds that the verdict was contrary to the weight of the evidence, that it was a compromise verdict, and that the damages allowed were inadequate.
Page 402 - It is not consistent with good faith, nor with the duty which the connection of the parties, as claimants of a common subject, created, that one of them should be able, without the consent of the other, to buy in an outstanding title, and appropriate the whole subject to himself and thus undermine and oust his companion.
Page 225 - The connection of the individuals In the unlawful enterprise being thus shown, every act and declaration of each member of the confederacy, in pursuance of the original concerted plan, and with reference to the common object, is, in contemplation of law, the act and declaration of them all, and Is, therefore, original evidence against each of them.
Page 91 - A judgment or decree of a court of competent jurisdiction, directly upon the point, is conclusive between the same parties, or their privies, upon the same matter, coming directly in question in another court of concurrent jurisdiction.
Page 140 - Until the general assembly shall deem it expedient to establish courts of chancery the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.
Page 32 - By multifariousness in a bill is meant, the improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for example, the uniting in one bill of several matters perfectly distinct and unconnected against one defendant, or the demand -of several matters of a distinct and independent nature against several defendants, in the same bill.
Page 199 - Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose, to which he does not apply it, is a trustee, and may be sued, either at law, for money had and received, or in equity as a trustee, for a breach of trust.
Page 33 - So it is not indispensable that all the parties should have an interest in all the matters contained in the suit; it will be sufficient if each party has an interest in some matters in the suit, and they are connected with the others.