Reports of Cases Argued and Adjudged in the Supreme Court of North Carolina During the Years ..., Volum 4J. Gales & Son, 1828 |
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action administrator admitted adverse possession AFFIRMED afterwards Allison amendment appear arise ascertain assets assumpsit bill body bond cause charge child chose in action claim common law Complainant County Court Court of Equity death debt decease declaration decree deed defendant delivered devise disability discharged entitled Equity error estopped estoppel evidence execution executors fact fee simple fendant feoffment grant HENDERSON indictment intended interest issue in tail Jacocks John John Allison John Stamps Judge judgment JUNE jury Justice land legislature levy liable Lord Lord Camden Matlock ment Michael Hill negro objection opinion party passed person Philip Miller plaintiff possession present presumption proof proved purchase question real estate reason received record rule seisin sheriff slaves sold statute subscribing witness suit Superior Court sureties tenant term tion trial trust verdict warranty wife William words heirs writ Wyatt
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Side 191 - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
Side 188 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Side 312 - Snow his Heirs and Assigns, shall and may from Time to Time, and at all Times forever hereafter, by Force and Virtue of these Presents, lawfully, peaceably and quietly Have, Hold, Use, Occupy, Possess and Enjoy, the said demised...
Side 392 - ... legal state government. Now if, according to the doctrine of the case of Luther v. Borden, you are to follow the decisions of the highest court in the state as to the legality of their own government, then the decision of the highest court in Mississippi is conclusive upon the action of this court. Indeed, it is impossible to shut our eyes to the fact that, however censurable and criminal may have been the conduct of the legislatures of the rebel states during the Rebellion, there were, nevertheless,...
Side 312 - Furthermore I the said Asa Douglass for myself Heirs, Executors and Administrators do Covenant and Engage the above demised Premises to him the said Caleb Gardner his Heirs and Assigns against the lawful claims or demands of any Person or Persons whatsoever, forever hereafter to Warrant, Secure and Defend...
Side 188 - ... such intention can be discovered, it ought to be followed with reason and discretion, in the construction of the statute, although such construction seem contrary to the letter of the statute.
Side 40 - ... indemnified is obliged to pay the demand, that is equivalent to a judgment, and estops the other party from saying that the defendant in the first action was not bound to pay the money.
Side 311 - Have given, granted, bargained, sold, aliened, conveyed and confirmed; and by these Presents, do freely, fully and absolutely give, grant, bargain, sell, aliene, convey and confirm unto him the said Caleb Gardner, his heirs and Assigns forever...
Side 190 - English law, that the species, though not always the quantity or degree, of punishment is ascertained for every offence...
Side 141 - AB, as well for and in consideration of the natural love and affection which he hath and beareth unto the said...