Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 6Edward O. Jenkins, 1849 - Equity |
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Page 84
... negroes - Harriet and two children — and sold them to the defendant , Calvin Quin . The plaintiffs brought trover against Quin , to recover the negroes ; and upon these facts , the Court charged the Jury , on the trial- " That if they ...
... negroes - Harriet and two children — and sold them to the defendant , Calvin Quin . The plaintiffs brought trover against Quin , to recover the negroes ; and upon these facts , the Court charged the Jury , on the trial- " That if they ...
Page 87
... negroes , which they owned in common , to the defendant . The suit is not , however , against him , but against the purchaser from him , who was in possession of the negroes . Now , if there was , by that sale , a tenancy in common ...
... negroes , which they owned in common , to the defendant . The suit is not , however , against him , but against the purchaser from him , who was in possession of the negroes . Now , if there was , by that sale , a tenancy in common ...
Page 93
... negroes , and their two children , Jim and John , and any other children Rose may have , setting forth their meritorious behavior and faith- ful conduct during a period of invasion , when nearly all the ne- groes on St. Simons deserted ...
... negroes , and their two children , Jim and John , and any other children Rose may have , setting forth their meritorious behavior and faith- ful conduct during a period of invasion , when nearly all the ne- groes on St. Simons deserted ...
Page 94
... negroes , viz : Charles , Harrington , Flora , Adam , Eve , Cupid , Judy , Paul , Rhina , Sam , Mary and Flora , to which negroes a claim was regularly interposed by Alexander Scranton and Ed- win M. Moore , trustees . At November Term ...
... negroes , viz : Charles , Harrington , Flora , Adam , Eve , Cupid , Judy , Paul , Rhina , Sam , Mary and Flora , to which negroes a claim was regularly interposed by Alexander Scranton and Ed- win M. Moore , trustees . At November Term ...
Page 95
... negroes were conveyed , with the assent of the executors , to the claimants , as trustees for her . The negroes levied on were a portion of these . It was proven by the depositions of one James Mayo , that " five of the above named negroes ...
... negroes were conveyed , with the assent of the executors , to the claimants , as trustees for her . The negroes levied on were a portion of these . It was proven by the depositions of one James Mayo , that " five of the above named negroes ...
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Common terms and phrases
action administrator admissible admitted agreement alleged answer assumpsit bill of exceptions bond cause charged the Jury claim claimant Common Law complainants consideration contract convey conveyance counsel County Court erred Court of Equity Court of Ordinary Coweta County debt decision declared decree deed defendant in error delivering the opinion discharged entitled execution executor fact favor filed fraudulent Georgia granted ground guardian Harwell and Wife held indorser Inferior Court intestate issue Judge Justices Kelly land Legislature letters testamentary levy liable ment Mumford & Tyson negroes objection overruled parol evidence party payment person plaintiff in error plea pleadings possession principal promise prove purchaser question record Robinson rule Sheriff slave Smith Statute of Frauds Statute of Limitations Story's Eq suit Superior Court surety Term testator testimony thereof tion trial trover trust usury verdict void Walton William witness writ of error
Popular passages
Page 620 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 557 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 553 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 626 - Fraud, indeed, in the sense of a Court of Equity, properly includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust, or confidence, justly reposed...
Page 139 - a right of franchise or privilege, that no man may set up a common ferry for all passengers, without a prescription time out of mind, or a charter from the king. He may make a ferry for his own use or the use of his family, but not for the common use of all the king's subjects passing that way ; because it doth in consequence tend to a common charge, and is become a thing of public interest and use...
Page 9 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 646 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 438 - Any deviation from its terms, by postponing or accelerating the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are, however minute or apparently immaterial in their effect upon the contract of the parties, impairs [ * 85 ] its obligation.
Page 505 - Every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct which states the offense in the terms and language of this code, or so plainly that the nature of the offense charged may be easily understood by the jury.
Page 390 - No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.