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Reports of Cases at Law and in Equity: Argued and Adjudged in the ..., Volum 4
Uten tilgangsbegrensning - 1838
Reports of Cases at Law and in Equity, Argued and Adjudged in the ..., Volum 7
Benjamin Faneuil Porter
Uten tilgangsbegrensning - 1839
Reports of Cases at Law and in Equity: Argued and Adjudged in the ..., Volum 2
Benjamin Faneuil Porter
Uten tilgangsbegrensning - 1836
act of eighteen administrator alleged appear assumpsit attachment authorise Bank of Mobile bill of exceptions bill of exchange bond Branch Bank certificate chancery chose in action Circuit court claim clerk considered contract County court court erred court of equity court of Mobile creditors damages debt declaration decree deed defendant in error demand demurrer detinue dollars eighteen hundred endorser entitled equity evidence execution executor fact fendant Gayle given grant heirs holder indictment intention intestate issue John judge land Leavens liability ment mortgage motion negroes notice objection paid party payable payment person plaintiff in error Planters plea plea in abatement pleaded Porter possession proceedings promissory note proof protest proved purchaser question record recover remedy reversed rule shew shewn slave statute sued sufficient suit term testator testator's tiff tion trial trust verdict wife Wilcox county witness writ of error
Side 26 - The question is well settled at common law, that the person whose land is bounded by a stream of water which changes its course gradually by alluvial formations, shall still hold by the same boundary, including the accumulated soil. No other rule can be applied on just principles. Every proI Opinion of the Court.
Side 40 - ... where a man hath both the right and also the occupation of the thing ; we will proceed next to take a short view of the nature of property in action, or such where a man hath not the occupation, but merely a bare right to occupy the thing in question ; the possession whereof may, however, be recovered by a suit or action at law ; from whence the thing so recoverable is called a thing or chose in action.
Side 24 - Congress all her right to the territory "situate, lying, and being, to the northwest of the river Ohio." And this territory, according to express stipulation, is to be laid off into independent States. These States, then, are to have the river itself, wherever that may be, for their boundary. This is a natural boundary, and in establishing it, Virginia must have had in view the convenience of the...
Side 338 - Whenever one man has in his hands the money of another, which he ought to pay over, he is liable to this action, although he has never seen or heard of the party who has the right. When the fact is proved that he has the money, if he cannot show that he has legal or equitable ground for retaining it, the law creates the privity and the promise.
Side 5 - ... defends as tenant, or in case he defends as landlord, that his tenant) was at the time of the service of the declaration, in the possession of such premises ; and that if upon the trial the defendant shall not confess such possession as well as lease, entry, and ouster, whereby the plaintiff shall not be able further to prosecute his suit against the said defendant...
Side 366 - ... and the matters therein contained, in manner and form as the same are above pleaded and set forth, are not sufficient in law to...
Side 516 - And although an act be committed in pursuance of a previous concerted plan between the parties, those who are not present, or so near as to be able to afford aid and assistance at the time when the offence is committed, are not principals...
Side 434 - Any person violating any of the provisions hereof shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars and not more than two thousand dollars, or by both such fine and imprisonment.
Side 31 - Thus the term northerly in a grant, where there is no object to direct its inclination to the east or to the west, must be construed to mean...
Side 5 - ... possession of such premises ; and that if upon the trial the defendant shall not confess such possession as well as lease, entry, and ouster, whereby the plaintiff shall not be able further to prosecute his suit against the said defendant, then no costs shall be allowed for not further prosecuting the same, but the said defendant shall pay costs to the plaintiff, in that case to be taxed.