Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Svazek 9
Hall and Heiskell, 1836
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action amount appear assigned attorney authority bank bill bond cause charge charter circuit court claim clerk common complainant condition consideration constitute construction contended contract covenant creditor debt December deed defendant delivered determined directed dollars duty effect evidence execution exist express fact follows fund give given grant hands heirs held hundred indictment intention interest issue John judge judgment jury justice land legislature limitation March matter meaning NASHVILLE necessary negroes notice object offence operation opinion paid parties payment person plaintiff in error plea pleaded possession present principle prisoner proceedings proof proved purchase question Read received record refused rendered reversed rule says statute sufficient suit taken Tennessee term testimony tion trial true trust Union Bank verdict warranty witness
Strana 216 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Strana 206 - Biddulph lawfully to be begotten, severally and successively, and in remainder one after another, as they and every of them shall be in seniority of age and priority of birth...
Strana 446 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State.
Strana 248 - ... the jury, before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree...
Strana 340 - ... if crimes are so distinct that evidence of the one will not support the other, it is as inconsistent with reason as it is repugnant to the rules of law to say that they are so far the same that an acquittal of the one shall be a bar to a prosecution for the...
Strana 106 - Where the terms of promise admit of more senses than one, the promise is to be performed " in that sense in which the promiser apprehended, at the time, that the promisee received it.
Strana 208 - That the general intent should overrule the particular, is not the most accurate expression of the principle of decision. The rule is, that technical words shall have their legal effect, unless, from subsequent inconsistent words, it is very clear that the testator meant otherwise.
Strana 199 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.
Strana 199 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh 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 .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.
Strana 313 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.