Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Svazek 9Hall and Heiskell, 1836 |
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Strana 54
... rule , that the indulgence granted to a principal which will discharge a surety from his engagement , must be of that kind by which the nature of the contract is changed , as when the creditor without the consent of the surety , and by ...
... rule , that the indulgence granted to a principal which will discharge a surety from his engagement , must be of that kind by which the nature of the contract is changed , as when the creditor without the consent of the surety , and by ...
Strana 55
... rule of law , should upon the sueing out of a scire facias against him to revive such judg- ment , hold him responsible for the payment of the money by the issuance of an execution . Let this judgment be reversed , and this court ...
... rule of law , should upon the sueing out of a scire facias against him to revive such judg- ment , hold him responsible for the payment of the money by the issuance of an execution . Let this judgment be reversed , and this court ...
Strana 73
... rule , which , in its application and consequences , would utterly subvert the salutary operation of the act of 1784 , c . 10 , § 7 , and the act of 1801 , c . 25 , § 2 , that a creditor , if he have notice of an unregistered deed of ...
... rule , which , in its application and consequences , would utterly subvert the salutary operation of the act of 1784 , c . 10 , § 7 , and the act of 1801 , c . 25 , § 2 , that a creditor , if he have notice of an unregistered deed of ...
Strana 80
... rule of conveyancing , that he who conveys by general warranty , retains all the muniments of the title to the land , to enable him to comply with his covenant of warranty ; and that he who conveys by special warranty , or by quit claim ...
... rule of conveyancing , that he who conveys by general warranty , retains all the muniments of the title to the land , to enable him to comply with his covenant of warranty ; and that he who conveys by special warranty , or by quit claim ...
Strana 81
... rule , that it does not pass to assignees unless they are named in the deed , or unless the deed is in point of form and substance , simply an assignment of the vendor's title . 2 Thomas Coke , 360 , top page . Marchbanks , for ...
... rule , that it does not pass to assignees unless they are named in the deed , or unless the deed is in point of form and substance , simply an assignment of the vendor's title . 2 Thomas Coke , 360 , top page . Marchbanks , for ...
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acquitted action Agnes Brown assigned assumpsit attorney averment bank note bill of indictment bonds bonus certiorari chancery charter circuit court clerk and master common law complainant contended contract conveyance court of chancery covenant creditor Davidson county debt December declaration decree deed defendant in error delivered the opinion dollars endorser evidence execution executor fact felony fund Giles county guilty heirs Hickman Hite intention interest issue John judge juror justice KNOXVILLE land legislature liable limitation March matter ment NASHVILLE negroes nul tiel record offence paid parties payable payment person plaintiff in error plea pleaded possession principle prisoner probate proof proved purchase question received rendered Rucker rule scire facias service of process seventh section sheriff statute statute of limitations suit surety tenant Tennessee term testator tiel tion trial trust Union Bank verdict vested voir dire warranty Wilson county witness words Yerg Yerger
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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.