Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 2Edward O. Jenkins, 1847 - Equity |
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Page 3
... execution . Upon the authority of Edwards & Harben , 2 Term Reps . , and other cases , chiefly American following it , it is argued , that pos- session not accompanying and following the deed , it is fraudulent per se . The reasoning of ...
... execution . Upon the authority of Edwards & Harben , 2 Term Reps . , and other cases , chiefly American following it , it is argued , that pos- session not accompanying and following the deed , it is fraudulent per se . The reasoning of ...
Page 4
... execution . In answer to the first - It is replied , that the evidence does not authorize the assertion . The bill of sale simply comprehended such chattels as were essential to stock the farm , in plantation phrase . The land having ...
... execution . In answer to the first - It is replied , that the evidence does not authorize the assertion . The bill of sale simply comprehended such chattels as were essential to stock the farm , in plantation phrase . The land having ...
Page 7
... execution , the levy under it , and that the defen- dant was in possession of the property levied on , makes a prima facie case for the plaintiff . Then the onus probandi is devolved on the claimant to support his title . For that ...
... execution , the levy under it , and that the defen- dant was in possession of the property levied on , makes a prima facie case for the plaintiff . Then the onus probandi is devolved on the claimant to support his title . For that ...
Page 9
... execution of the goods , and divers persons , by the commandment of Twyne , with force resisted them , claiming the goods to be Twyne's by virtue of the deed made to him , and the question was , whether or not this conveyance was ...
... execution of the goods , and divers persons , by the commandment of Twyne , with force resisted them , claiming the goods to be Twyne's by virtue of the deed made to him , and the question was , whether or not this conveyance was ...
Page 15
... execute a conveyance under these circum- stances ? This inquiry may be answered by propounding another . May not ... execution , an application was made for a new trial , on the follow- ing grounds , to wit : Peck vs. Land . First ...
... execute a conveyance under these circum- stances ? This inquiry may be answered by propounding another . May not ... execution , an application was made for a new trial , on the follow- ing grounds , to wit : Peck vs. Land . First ...
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Common terms and phrases
action administration admitted affidavit alleged amended Anderson answer appeal apply authority bail Bank of Macon bill of exceptions bond cause Central Bank charge common carrier common law complainants Constitution contempt contract counsel County court of equity creditors death debt decision declaration decree deed defendant in error delivering the opinion demurrer dismissed divorce dollars Durham entitled evidence Ex'r execution executor facts filed fraud Georgia grant ground heirs Hudgins indorser injunction intended interest issue James Solomon John Judge judgment jurisdiction jury justice Kent land Legislature liable ment mortgage motion Myddleton negroes Newsom partnership party payment Pelot Perryman person plaintiff in error plea plead possession principles promissory notes purchase question recognisance record rule rule in Shelley's scire facias Sheriff Solomon statute suit Superior Court Supreme Court term testator thereof tion trial trust estate verdict William writ of error
Popular passages
Page 104 - It never has been supposed by us, that the section did apply, or was designed to apply, to questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law...
Page 105 - ... antecedent parties, of which he has no notice, only where he receives it in the usual course of trade and business for a., valuable consideration, before it becomes due, we are prepared to say that receiving it in payment of or as security for a pre-existing debt is according to the known usual course of trade and business. And .why, upon principle...
Page 106 - It is for the benefit and convenience of the commercial world to give as wide an extent as practicable to the credit and circulation of negotiable paper, that it may pass not only as security for new purchases and advances, made upon the transfer thereof, but also in payment of and as security for preexisting debts. The creditor is thereby enabled to realize or to secure his debt, and thus may safely give a prolonged credit, or forbear from taking any legal steps to enforce his rights.
Page 119 - The action of trover being founded on a conjoint right of property and possession, any act of the defendant which negatives or is inconsistent with such right, accounts in law to a conversion. It is not necessary to a conversion that there should be a manual taking of the thing in question by the defendant; it is not necessary that it should be shown that he has applied it to his own use. Does he exercise a dominion over it, in exclusion or in defiance of the plaintiff's right? If he does, that is...
Page 351 - Common carriers undertake generally, and not as a casual occupation, and for all people indifferently, to convey goods and deliver them at a place appointed, for hire, as a business, and with or without a special agreement as to price.
Page 224 - That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree or command of the said courts.
Page 254 - There was a law, that those who in a storm forsook the ship should forfeit all property therein; and that the ship and lading should belong entirely to those who stayed in it. In a dangerous tempest all the mariners forsook the ship, except only one sick passenger, who, by reason of his disease, was unable to get out and escape. By chance the ship came safe to port. The sick man kept possession, and claimed the benefit of the law.
Page 91 - Cause why Damages in such Action should not be Assessed and recovered by him or them, and if such Defendant his Executors or Administrators shall appear at the Return of such Writ, and not...
Page 70 - Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies.
Page 72 - 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.