Reports of Cases Argued and Determined in the Supreme Court of Tennessee, During the Years 1839 [to 1851]: 1846/1847J. Geo. Harris, 1847 |
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Página 19
... fraud , it is held , that the insolvency of the claim need not be proved by a judgment , and execu- tion returned , nothing found . The proof of insolvency by witnesses , is held sufficient . This case was heard on bill , answer ...
... fraud , it is held , that the insolvency of the claim need not be proved by a judgment , and execu- tion returned , nothing found . The proof of insolvency by witnesses , is held sufficient . This case was heard on bill , answer ...
Página 21
... fraud , it is not binding on Brown . The Chancellor's decree is , therefore , substantially correct . But as all the arbitrators prove , that Harklerode's interest in the claim on Sawyers was estimated at $ 175 , which sum was taken ...
... fraud , it is not binding on Brown . The Chancellor's decree is , therefore , substantially correct . But as all the arbitrators prove , that Harklerode's interest in the claim on Sawyers was estimated at $ 175 , which sum was taken ...
Página 23
... fraud of the enterer , or by other circumstances over which he had no control , a court of equity would relieve him , but the non - payment therefor , by the grantee , would be no bar to his recovery of the lands in ejectment . A ...
... fraud of the enterer , or by other circumstances over which he had no control , a court of equity would relieve him , but the non - payment therefor , by the grantee , would be no bar to his recovery of the lands in ejectment . A ...
Página 31
... fraud- ulently keeping in possession bank notes which circulate as currency felony , must alledge , that such notes circulate as currency . 2. Whether bank notes circulate as currency is a question of fact and not of law , and the court ...
... fraud- ulently keeping in possession bank notes which circulate as currency felony , must alledge , that such notes circulate as currency . 2. Whether bank notes circulate as currency is a question of fact and not of law , and the court ...
Página 32
... fraud consists in the intent to pass it as money . But it is argued by the Attorney General , that the court can judiciously know that the notes of the Planters ' Bank of Ten- nessee did , at the time of the alledged offence , pass as ...
... fraud consists in the intent to pass it as money . But it is argued by the Attorney General , that the court can judiciously know that the notes of the Planters ' Bank of Ten- nessee did , at the time of the alledged offence , pass as ...
Palavras e frases frequentes
action aforesaid alledged amount answer appears assignment assumpsit Attorney Bank bill of indictment bond Caperton cause Chancellor Chancery Court charge Circuit Court claim Clerk complainant contract conveyance County Court Court of Chancery court of equity creditors Davidson county debt debtor deceased declaration decree deed of trust defendant in error delivered the opinion dollars Dotson endorser entitled equity evidence Ex'r execution executor facts favor fendant filed fraud fraudulent heirs husband intended issue John Judge judgment jurisdiction jury land levied liability lien Malinda Williams ment mortgage negroes nolle prosequi non est factum offence owner paid parties payment person plaintiff in error plea pleaded possession prisoner probate proof proved purchaser question rendered rent says sheriff slave sold Spiers statute of limitations suit surety Tennessee term testator tion trial TURLEY validity verdict void wife William witness Yerg
Passagens conhecidas
Página 146 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Página 170 - That nothing in this act contained shall be construed to annul, destroy, or impair any lawful rights of married women, or minors, or any liens, mortgages, or other securities on property, real or personal, which may be valid by the laws of the States respectively, and which are not inconsistent with the provisions of the second and fifth sections of this act.
Página 170 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts which shall not have been created in consequence of a defalcation as a public officer...
Página 251 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Página 253 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.
Página 96 - Ford.] after the image of the Creator. He has mental capacities, and an immortal principle in his nature, that constitute him equal to his owner, but for the accidental position in which fortune has placed him.
Página 540 - Cases in which the guaranty or promise is collateral to the principal contract, but is made at the same time, and becomes an essential ground of the credit given to the principal or direct debtor. Here, as we have already seen, is not, nor need be, any other consideration than that moving between the creditor and original debtor.
Página 621 - Have you heard anything of this case, so as to make up your mind? " " Do you feel any bias or prejudice for or against the prisoner at the bar? " Parker, J., Selfridge's Trial. Pamphlet, p. 9. " Have you formed and expressed an opinion of the guilt or innocence of the prisoner?
Página 538 - I have already alluded, is when the promise to pay the debt of another arises out of some new and original consideration of benefit or harm moving between the newly contracting parties.
Página 622 - It seems now conceded, that when the court can pronounce the contract to be to the infant's prejudice, it is void, and when to his benefit, as for necessaries, it is good ; and when the contract is of an uncertain nature, as to benefit or prejudice, it is voidable at the election of the infant.