Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 28E.W. Stephens Publishing Company, 1856 - Law reports, digests, etc |
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Page 19
... complainants as cestuis que trust , for an account of the acts of the defendant Shattuck , as trustee of certain slaves held by him for the benefit of the complainants . The questions for adjudication here arise upon exceptions which ...
... complainants as cestuis que trust , for an account of the acts of the defendant Shattuck , as trustee of certain slaves held by him for the benefit of the complainants . The questions for adjudication here arise upon exceptions which ...
Page 30
... complainants to prevent their re- moval , which he declined to accept . As to the slaves to which Shattuck held the legal title under the trust , it appears that there was a considerable balance due him on account of the trust , and ...
... complainants to prevent their re- moval , which he declined to accept . As to the slaves to which Shattuck held the legal title under the trust , it appears that there was a considerable balance due him on account of the trust , and ...
Page 86
... complainant . The court sus- tained the bill . The defendant relied upon a motion in the circuit court of Monroe county , pending the bill , which was made and sus- tained to enter satisfaction of the judgment which complainant prayed ...
... complainant . The court sus- tained the bill . The defendant relied upon a motion in the circuit court of Monroe county , pending the bill , which was made and sus- tained to enter satisfaction of the judgment which complainant prayed ...
Page 93
... complainant in any sum , nor that there are any debts against the firm unpaid except the claim of D. C. & G .; and as that claim , if asserted by the parties themselves against the deceased partner would be barred by the statute , the ...
... complainant in any sum , nor that there are any debts against the firm unpaid except the claim of D. C. & G .; and as that claim , if asserted by the parties themselves against the deceased partner would be barred by the statute , the ...
Page 94
... complainant from this conclusion . It is barred by the statute , denied by the answers , and there is no legal proof of it in the record . So the case stands as between partner and partner alone . One claiming his share of a single item ...
... complainant from this conclusion . It is barred by the statute , denied by the answers , and there is no legal proof of it in the record . So the case stands as between partner and partner alone . One claiming his share of a single item ...
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Common terms and phrases
action administrator admitted alleged Amite county appellant appellee Archer assets assignment authority averment bank bankrupt bankruptcy bill board of police bond Bouquie Buckner and Stanton Calcote chancery charge chose in action circuit court claim common law complainant contract court of chancery court of equity creditors debt deceased declared decree deed delivered the opinion demurrer discharge entitled evidence execution executors facts filed firm fraud fraudulent heirs held Hutch indictment Ingraham intended interest issue John judge judgment jurisdiction jury land liability lien loan McLaurin ment Mississippi objection offence paid partners partnership party payment person petition plaintiff in error plea pleadings possession principle probate court promise proof proved purchase quash question record rendered rule scire facias slave sold statute of limitations sued suit term tion Tishamingo trial trust verdict void Watson witness writ
Popular passages
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.