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action administrator admitted alleged allowed amount answer appears appellant apply assets assignment authority bank bankrupt bankruptcy bill bond Buckner and Stanton Calcote cause charge circuit court claim common complainant consideration considered contract court creditors death debt decision decree deed defendant discharge effect entitled equity error et al evidence exceptions execution exist facts filed firm fraud give given granted ground heirs held indictment intended interest issue John judge judgment jurisdiction jury Justice land limitations matter ment necessary notice objection obtained opinion paid partnership party payment person plaintiff pleadings possession present principle probate court proceedings promise proof proved purchase question reason received record recover rendered returned rule says settled slave sold statute sufficient suit sustained taken term thing tion trial trust void witness
Page 433 - That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already commenced or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby...
Page 596 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.
Page 766 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 522 - Admissions, whether of law or of fact, which have been acted upon by others, are conclusive against the party making them, in all cases, between him and the person whose conduct he has thus influenced.
Page 430 - There is no principle better established, in this court, nor one founded on more solid considerations of equity and public utility, than that which declares that if one man, knowingly, though he does it passively, by looking on, suffers another to purchase, and expend money on land, under an erroneous opinion of title, without making known his own claim, shall not afterwards be permitted to exercise his legal right against such person. It would be an act of fraud and injustice, and his conscience...
Page 521 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 105 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.
Page 318 - A mortgage is a charge upon the land; and whatever would give the money will carry the estate in the land along with it to every purpose. The estate in the land is the same thing as the money due upon it. It will be liable to debts; it will go to executors; it will pass by a •will not made and executed with the solemnities required by the statute of frauds.
Page 160 - ... annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county...
Page 596 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this court.