Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Svazek 9Hale and Phelan, printers, 1846 |
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Strana 24
... intended that the latter was a mere undertaking by the vendee to stipulate with the vendor for a re - sale on the day designated , but in itself it provided for a re - sale , and left nothing open for future adjustment . 3. Semble ...
... intended that the latter was a mere undertaking by the vendee to stipulate with the vendor for a re - sale on the day designated , but in itself it provided for a re - sale , and left nothing open for future adjustment . 3. Semble ...
Strana 27
... intended by the parties to be such ; that the best criterion of a mortgage was a debt from the mortgagor to the ... intended to give time to the defendant to pay the price , then , if at the expiration of that time , the money was ...
... intended by the parties to be such ; that the best criterion of a mortgage was a debt from the mortgagor to the ... intended to give time to the defendant to pay the price , then , if at the expiration of that time , the money was ...
Strana 31
... intended , could not be received . [ 8 Conn . Rep . 177. ] And where they import a mortgage , parol evidence is inadmissible to show that an ab- solute sale was intended . [ 7 Wend . Rep . 248 ; 5 Binn . R. 499. ] It is said to be ...
... intended , could not be received . [ 8 Conn . Rep . 177. ] And where they import a mortgage , parol evidence is inadmissible to show that an ab- solute sale was intended . [ 7 Wend . Rep . 248 ; 5 Binn . R. 499. ] It is said to be ...
Strana 32
... intended , at the time the bill of sale was execut- ed , to provide for a resale to the defendant , and leave nothing open for a future agreement . Every thing that was necessary to consummate it , was doubtless supposed to be done ...
... intended , at the time the bill of sale was execut- ed , to provide for a resale to the defendant , and leave nothing open for a future agreement . Every thing that was necessary to consummate it , was doubtless supposed to be done ...
Strana 33
... intended a mortgage , or a conditional sale , Courts of Equity incline to consider the transaction a mortgage , because it is more benign in its ope- ration . " The difference between them is , that the former is a security for a debt ...
... intended a mortgage , or a conditional sale , Courts of Equity incline to consider the transaction a mortgage , because it is more benign in its ope- ration . " The difference between them is , that the former is a security for a debt ...
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action Adm'r administrator affirmed agreement alledged amount answer appear assigned assumpsit Bank bill of exceptions bond Branch Bank cause Chancery Circuit Court cited claim Clay's complainant contract Copeland County Court Court of Chancery court of equity creditors Davenport debt debtor declaration decree deed defendant in error defendant's demurrer detinue distributees dollars entitled equity evidence execution fact fendant filed fraud garnishee indorser insisted intended intestate issue Judge judgment Juzan land levy liable matter ment Mobile mortgage motion notice objection Orphans paid party payment person plaintiff in error plea plea in abatement pleaded Porter Porter's Rep possession promissory note proof proved question received record recover refused rendered reversed scire facias settlement sheriff slaves sold statute statute of frauds sued sufficient suit surety sustained term tion trial trust vendor verdict wife witness Writ of Error
Oblíbené pasáže
Strana 616 - 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.
Strana 423 - Lord one thousand eight hundred and twenty-one, or shall hereafter be made and executed, shall be void and of no effect against a subsequent judgment creditor, or bona fide purchaser, or mortgagee for a valuable consideration, not having notice thereof...
Strana 783 - It is a question of fact for the jury, under all the circumstances of the case...
Strana 446 - ... will be entitled to every remedy, which the creditor has against the principal debtor ; to enforce every security and all means of payment; to stand in the place of the creditor; not only through the medium of contract, but even by means of securities, entered into without the knowledge of the surety; having a right to have those securities transferred to him ; though there was no stipulation for that; and to avail himself of all those securities against the debtor.
Strana 551 - ... is hereby, authorized to enter with the register of the land office for the district in which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter section of land...
Strana 1013 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Strana 890 - Where a man having by a woman one or more children, shall afterwards intermarry with such woman, such child or children, if recognized by him, shall be thereby legitimated.
Strana 215 - ... other citizens of the United States, without any tax, duty, impost or toll therefor.
Strana 179 - ... no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor, business or work of their ordinary callings upon the Lord's day, or' any part thereof (works of necessity and charity only excepted...
Strana 504 - Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit out of the same, by writing or otherwise, and every bond, suit, judgment or execution, had or made, and contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions...