Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia, 16권I. Riley, 1819 |
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13 페이지
... statute here . I insist , that , if the certificate of the judge be correct , ( and the defendant did not even except to it , ) the jury must , in this case , have been actuated by undue motives , or some gross error or misconception of ...
... statute here . I insist , that , if the certificate of the judge be correct , ( and the defendant did not even except to it , ) the jury must , in this case , have been actuated by undue motives , or some gross error or misconception of ...
47 페이지
... statutes with We are referred to Blackstone's Commentaries , and various other books as to the nature of the widow's and or- phan's rights under the custom , and to numerous decisions of the Courts of Equity , in England , setting aside ...
... statutes with We are referred to Blackstone's Commentaries , and various other books as to the nature of the widow's and or- phan's rights under the custom , and to numerous decisions of the Courts of Equity , in England , setting aside ...
48 페이지
... statute . Agreeable to this ancient method , whether we consider it as being originally the common law , or merely ... statute on the subject was made , doubts existed as to the widow's rights , ( probably owing to that change which ...
... statute . Agreeable to this ancient method , whether we consider it as being originally the common law , or merely ... statute on the subject was made , doubts existed as to the widow's rights , ( probably owing to that change which ...
49 페이지
... statute 66 66 of distributions of 22d and 23d Chas . II . ch . 10. instead of the clause in that statute which provides that nothing herein shall extend to or prejudice the custom of London and York , there is the following clause ...
... statute 66 66 of distributions of 22d and 23d Chas . II . ch . 10. instead of the clause in that statute which provides that nothing herein shall extend to or prejudice the custom of London and York , there is the following clause ...
50 페이지
... statute . The case of Turner v . Jennings ( a ) is relied on as being very similar to the present , and though that case is as to the orphanage part , it applies as well to that of the widow ; the children , by the custom , having ...
... statute . The case of Turner v . Jennings ( a ) is relied on as being very similar to the present , and though that case is as to the orphanage part , it applies as well to that of the widow ; the children , by the custom , having ...
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Act of Assembly admitted aforesaid agreement alien alleged answer appears Appellant Appellee assigned assumpsit awarded Bill Bolling bond cause Chancellor claim Clerk Colgin and wife Commissioner Commonwealth considered contract conveyed counsel County Court Court of Chancery Court of Equity Court's opinion Covenant coverture creditors cutors and devisees debts decided declaration Decree Deed of Trust defendant demurrer Detinue devise Dunbar endorser entitled escheat execution Executor farther favour FEBRUARY filed George Carter ground heirs husband intended interest intestate JANUARY John Judge ROANE pronounced Judgment Jury land legatees Lightfoot Lightfoot's exe MARCH marriage Martin's exe ment mentioned Mill Munf negroes NOVEMBER paid parties payment personal estate plaintiff plea pleaded possession principles profits pronounced the Court's purchase money question recover Richmond District Robert Robert Carter Scire facias Sheriff shew slaves sold Statute Statute of Frauds suit Superior Court Testator thereof tion tract verdict Writ
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119 페이지 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
119 페이지 - In making title by descent, it shall be no bar to a party that any ancestor, through whom he derives his descent from the intestate, is or has been an alien ; bastards, also, shall be capable of inheriting or of transmitting inheritance, on the part of their mother, in like manner as if they had been lawfully begotten of such mother, (d) SEC.
73 페이지 - Harris, but she shall have no more than the use for her life of such slaves as shall be in her share ; and the residue of the surplus, and after the wife's death the slaves in her share, or, if there be no wife, then the whole of such surplus, shall be distributed in the same proportions, and to the same persons, as lands are directed to descend in and by an act of the general assembly, entitled ' An act directing the course of descents.
315 페이지 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.
315 페이지 - Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting the court is passive, and does nothing.
5 페이지 - And this the said plaintiff prays may be inquired of by the country, etc.
171 페이지 - ... saith that the said plaintiff ought not to have or maintain his aforesaid action thereof, against him, because he says that...
316 페이지 - But as often as Parliament had limited the time of actions and remedies, to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied to similar cases in Equity.
315 페이지 - In each case the intention of the parties to make the debt contingent or otherwise, must be gathered from the language used, the situation of the parties, and the subject matter of the contract, as presented by the evidence.
34 페이지 - We of the jury find for the plaintiff the debt in the declaration mentioned, to be discharged by the payment of £18.