Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volumen13B.J. Borden, 1853 |
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Página 77
... decree of a court of record , concludes by declar- ing the same thing in respect to all real estate , whether patented or not , whereof the defendant or any person for his use was seized in law or equity on the day of the rendition of ...
... decree of a court of record , concludes by declar- ing the same thing in respect to all real estate , whether patented or not , whereof the defendant or any person for his use was seized in law or equity on the day of the rendition of ...
Página 82
... decree , whenever execution issued , or at any time thereafter . " And the act concerning judgments and decrees de- clares that judgments and decrees rendered in the Circuit Court shall be a lien on the real estate of the person against ...
... decree , whenever execution issued , or at any time thereafter . " And the act concerning judgments and decrees de- clares that judgments and decrees rendered in the Circuit Court shall be a lien on the real estate of the person against ...
Página 88
... decree of the circuit court , and consequently , the same is in all things affirmed . MAULDING ET AL . VS. SCOTT ET AL . At the common law , there was no remainder to a chattel interest , and any gift or bequest of a chattel , no matter ...
... decree of the circuit court , and consequently , the same is in all things affirmed . MAULDING ET AL . VS. SCOTT ET AL . At the common law , there was no remainder to a chattel interest , and any gift or bequest of a chattel , no matter ...
Página 89
... decree as heirs of her husband , though the proof showed them to be such , the rule being that a decree must be founded on and sustained by both the allegations and the proof in a cause , and that it cannot be based on a fact not put in ...
... decree as heirs of her husband , though the proof showed them to be such , the rule being that a decree must be founded on and sustained by both the allegations and the proof in a cause , and that it cannot be based on a fact not put in ...
Página 90
... decree must be founded on , and sustained by , the allegations and proof ; and cannot be based on a fact not put in issue by the pleadings . ( Carneal v . Banks , 10 Wend . 181. Gregory v . Power , 3 Litt . 339. Gres . on Ev . in Eq ...
... decree must be founded on , and sustained by , the allegations and proof ; and cannot be based on a fact not put in issue by the pleadings . ( Carneal v . Banks , 10 Wend . 181. Gregory v . Power , 3 Litt . 339. Gres . on Ev . in Eq ...
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Términos y frases comunes
action affidavit affirmed alleged answer appear Arkansas Ashley assignment assumpsit attorney Barkman bond Bozeman cause chancery charge Chief Justice WATKINS Circuit Court claim common law complainant contract court of equity creditor Dallas county debt deceased decision declaration decree deed defendant delivered the opinion demand demurrer endorsement entitled equity evidence execution facts favor filed granted ground heirs held indictment issue JANUARY judge judgment juror jury law merchant legislature levy liable lien ment mortgage motion ne exeat negro objection offence overruled paid party payment person plaintiff plaintiff in error plea pleaded possession prisoner probate court proceedings proof prove provision purchase question Reardon record refused reversed rule scire facias Scott sheriff slave statute sued suit TERM testator testimony tion Trapnall trial Trustees R. E. Bank unlawful detainer verdict Walker Wend witness writ of error
Pasajes populares
Página 435 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Página 551 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Página 323 - A bare fear of any of these offences, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
Página 210 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Página 669 - The decree of the Supreme Court of Arkansas is therefore reversed ; and the cause is remanded to that court, with instructions to enter a decree in pursuance of this opinion.
Página 323 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Página 486 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.
Página 210 - Rights had already laid it down that " all men are by nature free and independent, and have certain inherent rights, of which, when they enter society, 1 Ancient Law, c.
Página 207 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Página 377 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.