Reports of Cases Argued and Determined in the Court of Appeals of Maryland, Svazek 5Geo. Johnston, Printer, 1850 |
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action administration admitted aforesaid agreed agreement Alexander alleged amount answer appeal appellee application assigned attachment authority Baltimore Bank benefit bill bond cause charge claim coal complainant consideration contract county court creditors death debt decree deed defendant delivered devised directed effect entitled equity evidence examined exceptions execution fact fieri facias filed Frost further Ghiselin give given granted ground guardian held injunction insolvent intended interest issue John Jones judgment jury land lien located ment mortgage notice objection offered opinion orator original paid parties partnership passed payment plaintiff plea possession present proceedings proof proved purchase question real estate reason received record recover referred release respect Robert Samuel sold taken testimony thereof Thomas tion transfer trustee whole wife William K witness writ
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Strana 147 - Receipt whereof is hereby acknowledged hath Granted Bargained and Sold and by these Presents Doth Grant Bargain and Sell unto the said...
Strana 438 - It would seem difficult to substitute words which are more intelligible, or less liable to misconstruction, than those which are to be explained. A contract is an agreement, in which a party undertakes to do, or not to do, a particular thing. The law binds him to perform his undertaking, and this is, of course, the obligation of his contract.
Strana 235 - That the taxing power is of vital importance, that it is essential to the existence of government, are truths which it cannot be necessary to reaffirm.
Strana 437 - States, a State has authority to pass a bankrupt law, provided such law does not impair the obligation of contracts, within the meaning of the constitution, and provided there be no act of Congress in force to establish a uniform system of bankruptcy, conflicting with such law.
Strana 392 - That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new Government : the doctrine of non-resistance against arbitrary power and oppression...
Strana 81 - There is no power, the exercise of which is more delicate, which requires greater caution, deliberation, and sound discretion, or is more dangerous in a doubtful case, than the issuing of an injunction.
Strana 236 - The canal having been made under an act of Parliament, the rights of the plaintiffs are derived entirely from that act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute; and the rule of construction, in all such cases, is now fully established to be this: that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that...
Strana 455 - Where there is no actual fraudulent intent, and a voluntary conveyance is made to a child in consideration of love and affection, if the grantor is in prosperous circumstances, unembarrassed, and not considerably indebted, and the gift is a reasonable provision for the child according to his state and condition in life, comprehending but a small portion of his estate, leaving ample funds unencumbered for the payment of the grantor's debts ; then such conveyance will be valid against conveyances existing...
Strana 236 - We will not say. that a State may not relinquish it ; that a consideration sufficiently valuable to induce a partial release of it may not exist : but as the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear.
Strana 78 - In such cases, courts of equity act sometimes by analogy to the law, and sometimes act upon their own inherent doctrine of discouraging, for the peace of society, antiquated demands, by refusing to interfere where there has been gross laches in prosecuting rights, or long and unreasonable acquiescence in the assertion of adverse rights.