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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 9
Tennessee Supreme Court,John H Martin,George Shall Yerger
Ingen forhåndsvisning tilgjengelig - 2015
acres act of assembly action of detinue administrator affirmed agreement alleged appeal assignment authority bailment bond Campbell Catron cause cestui que trust chancery charged circuit court claim commissioners complainant contract conveyance county court court of chancery court of equity creditors Davidson county debt debtor decree deed defendant delivered the opinion endorser entitled entry evidence execution executor fact Fletcher fraud grant heirs insisted intestate issued Jackson John John Catron John Thurmond judge judgment jurisdiction jury justice land levy lien March Martin Armstrong ment mill Nashville negroes Nichols paid party payment person plaintiff in error plea possession probate promise proof proved purchase question record registered Robertson says scire facias sell settled sheriff sold Sparta statute of limitations Stump sued suit taxes Tennessee testator tion tract trial Trimble vendor verdict vested void Walker warrant witnesses writ Yerger's
Side ii - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Side 331 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Side 331 - ... is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized, (c) This statute is copied, with but one variation, from 29 Car., 2, c.
Side 140 - A delivery of goods In trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods restored by the bailee as soon as the purposes of the bailment shall be answered.
Side 521 - I have, therefore, no hesitation in saying that, in a case where there is a concurrent jurisdiction in the courts of common law and equity, the rule must be the same, and the statute of limitations may be pleaded with the same effect, in the one court as in the other In cases of trust and fraud, — peculiarly, appropriately, and exclusively the objects of equity jurisdiction, — according to the established doctrine, the statute cannot be pleaded.
Side 321 - It is a cardinal rule of statutory construction that significance and effect shall, if possible, be accorded to every word. As early as in Bacon's Abridgment, sect. 2, it was said that 'a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.
Side 184 - He who sells property on a description given by himself, is bound to make good that description ; and if it be untrue in a material point, although the variance be occasioned by a mistake, must still remain liable for that variance.
Side 99 - ... by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part.