Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 18E.W. Stephens Publishing Company, 1848 - Law reports, digests, etc |
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Common terms and phrases
action administrator affidavit alleged amount Anderson answer appeal assigned assumpsit attorney bank Bartee bill of sale chancery charge circuit court Claiborne county claim claimant complainant contract conveyed court of chancery court of equity Cowan creditor debt declaration decree deed of trust defendant in error delivered the opinion demurrer dollars equity evidence execution executor filed fraud given granted Hannum Hardeman held indorser interpleader issued James John Jones judge judgment jurisdiction jury Justice THACHER delivered Keithler kill Sims land levied lien Lowndes county ment Mississippi mortgage Natchez Nathan G negroes notice paid party payment person plaintiff in error plea plead Port Gibson possession probate court proof purchase purchase-money record refused rendered sheriff Silas slaves sold statute sued suit surety term testimony Thomas Hardeman tion Torrey trial Turner vendee verdict void Wade wife Williams witness writ of error
Popular passages
Page 598 - ... that he has not, directly or indirectly, made any agreement or contract in any way or manner with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure in whole or in part to the benefit of any person except himself...
Page 128 - A court of equity will keep an incumbrance alive or consider it extinguished, as will best serve the purposes of justice and the actual and just intention of the parties.
Page 404 - The Legislature, in requiring three subscribing witnesses to a will, did not contemplate the mere formality of signing their names. An idiot might do this. These witnesses are placed round the testator to ascertain and judge of his capacity, and the heir has a right to insist on the testimony of all the three witnesses, to be given to the jury. They must therefore all be produced, if living, and under the power of the court.
Page 598 - ... not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract...
Page 272 - It is very clear that a person becoming entitled to an estate, subject to a charge for his own benefit, may, if he choose, at once take the estate and keep up the charge.
Page 107 - President, to show cause why an attachment should not issue against him; for what?
Page 191 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it, which shall postpone him in a Court of law or equity to a subsequent claimant.
Page 532 - Adam .Vort, then and there, feloniously, willfully, and of his malice aforethought, did kill and murder, contrary to the form of the act of the general assembly in such case made and provided, and against the peace and dignity of the commonwealth of Pennsylvania.
Page 707 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
Page 481 - Upon an executory contract to manufacture an article, or to furnish it for a particular use or purpose, a warranty will be implied, that it is reasonably fit and proper for such purpose and use, as far as an article of such kind can be.