Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 18 |
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action adm'r administrator admissible admitted alleged amount appear assumpsit authorise Bank bill of exceptions bond cause remanded chancellor Chancery CHILTON choses in action Circuit Court cited claim common law complainant contract cotton court of chancery court of equity coverture creditors DARGAN death debt deceased declaration decree deed defendant in error demand demurrer detinue devise distributees dollars endorsement entitled evidence Ex'rs execution executor facts favor filed grantor guardian heirs held husband indictment intention intestate issue John judg judgment jurisdiction land legal title liable lien ment Moses Walker negro notice objection offence opinion Orphans overruled paid party payment person plaintiff in error plea possession proof prove purchase money question record recover refused rendered rule scire facias settlement sheriff slave sold statute statute of limitations sued sufficient suit term testator tion trial trust Walker wife witness words writ of error
Популярні уривки
Сторінка 399 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Сторінка 277 - No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors, to the fourth generation inclusive, (though one ancestor of each generation may have been a white person.) shall vote for members of the senate or house of commons.
Сторінка 165 - In the construction of ambiguous expressions the situation of the parties may very properly be taken into view. The ties which connect the testator with his legatees, the affection subsisting between them, the motives which may reasonably be supposed to operate with him, and to influence him in the disposition of hie property, are all entitled to consideration, In expounding doubtful words, and ascertaining the meaning in which the testator used them.
Сторінка 592 - The conclusion to be drawn from the cases is, that if the party be indebted at the time of the voluntary settlement, it is presumed to be fraudulent in respect to such debts, and no circumstance will permit those debts to be affected by the settlement, or repel the legal presumption of fraud.
Сторінка 121 - They are in every instance the sole judges of the facts, and, when called as grand jurors, they are the judges of the law as well as of the facts.
Сторінка 339 - There is, on the part of the hirer, an implied obligation, not only to use the thing with due care and moderation, but also not to apply it to any other use than that, for which it is...
Сторінка 324 - This is not the true principle : it is this ; he who affirms either what he does not know to be true, or knows to be false, to another's prejudice and his own gain, is both in morality and law guilty of falsehood, and must answer in damages.
Сторінка 331 - ... 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, and, even if the party innocently misrepresents a material fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party.
Сторінка 389 - A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and who shall not be eligible to serve either as principal or deputy for the three succeeding years.
Сторінка 53 - seems to have arisen from the term " actual ouster" as if it meant some act " accompanied by real force, and as if a turning out by the shoulders were " necessary. But that is not so. A man may come in by a rightful possession, and yet hold over adversely without a title.