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action admitted affirmed agreed agreement alleged amount answer appears application assigned attachment attorney authority bill bond cause charge claim common complainant conclusive consideration considered contract debt decided decision decree deed defendant demurrer district court dollars effect entered entitled equity erred error established evidence exceptions execution facts favor filed fraud give given ground held hundred indictment instruction intention interest issue John judg judgment jurisdiction jury justice land matter ment motion necessary notice objection obtained offered officer owner paid parties payment person petition plaintiff plaintiff in error plea possession present proceedings proof prove provides purchase question reason received record recover refused relation rendered reversed rule sheriff sold statute sufficient suit sustained taken term testimony tion trial unless verdict witness writ
Strana 465 - Fraud, which may be collected and inferred, in the consideration of a Court of Equity, from the nature and circumstances of the transaction, as being an imposition and deceit on other persons, not parties to the fraudulent agreement.
Strana 326 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting debt, which the party is liable and willing to pay.
Strana 401 - This rule applies as well to every judgment or decree rendered in the various stages of their proceedings, from the initiation to their completion, as to their adjudication that the plaintiff has a right of action.
Strana 464 - fraud 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, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Strana 413 - Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.
Strana 287 - ... the clear proceeds of all property that may accrue to the State by forfeiture or escheat, and all moneys •which may be paid as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws...
Strana 465 - A third kind of fraud is, which may be presumed from the circumstances and condition of the parties contracting ; and this goes farther than the rule of law; which is, that it must be proved, not presumed; but it is wisely established in this court to prevent taking surreptitious advantage of the weakness or necessity of another ; which knowingly to do is equally against conscience as to take advantage of his ignorance ; a person is equally unable to judge for himself in one as the other.
Strana 466 - Where the party, intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him; in every such case, there is a positive fraud, in the truest sense of the terms; there is an evil act, with an evil intent; dolum malum, ad circumveniendum.
Strana 176 - ... true, judicially ; and if they should be untrue by reason of mistake or otherwise, the aggrieved party must resort to the authorities where the judgment was rendered for redress ; for he could not be allowed to contradict the record by a plea and by an issue to the country thereon. But if the record does not show any service of process, or any appearance in the suit, we think he may be allowed to avoid the effect of the judgment here, by showing that he was not within the jurisdiction of the...