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 15
... settled that where the cestuis que trust are infants , there is no means by which the trustee can become possessed of an interest in the trust property . A subvendee of the vendee of an infant of personal property , even though a ...
... settled that where the cestuis que trust are infants , there is no means by which the trustee can become possessed of an interest in the trust property . A subvendee of the vendee of an infant of personal property , even though a ...
Page 50
... settled by this court , is , that unless such be the clear intention of the legislature , manifested by the lan- guage employed , the law will have only a prospective action , and will constitute a rule of action only as to matters ...
... settled by this court , is , that unless such be the clear intention of the legislature , manifested by the lan- guage employed , the law will have only a prospective action , and will constitute a rule of action only as to matters ...
Page 56
... settled by numerous decisions of this court , that it is error to sub- mit a cause to a jury upon issue joined , without disposing of a demurrer to the pleas interposed by the defendant ; but in this case if the entry on the record can ...
... settled by numerous decisions of this court , that it is error to sub- mit a cause to a jury upon issue joined , without disposing of a demurrer to the pleas interposed by the defendant ; but in this case if the entry on the record can ...
Page 64
... settled by numerous decisions of this court that it is error for which the judgment will be reversed , to submit a cause to a jury upon issue joined , without disposing of a demurrer to one of the pleas interposed by the defendant . But ...
... settled by numerous decisions of this court that it is error for which the judgment will be reversed , to submit a cause to a jury upon issue joined , without disposing of a demurrer to one of the pleas interposed by the defendant . But ...
Page 86
... settled in considering the demurrer to the bill . 24 Miss . R. 665 . No new question has since arisen requiring notice . While the bill was pending in the court below , a motion was made in the circuit court of Monroe county , to enter ...
... settled in considering the demurrer to the bill . 24 Miss . R. 665 . No new question has since arisen requiring notice . While the bill was pending in the court below , a motion was made in the circuit court of Monroe county , to enter ...
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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.