The Southern Reporter, Volume 5West Publishing Company, 1889 |
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Page 83
... DEED - CLAIM UNDER A WILL . A conveyance by a married woman of her separate estate to her husband and a son , which is a nullity for want of joinder therein by the husband , and which has not been probated as a will in the proper forum ...
... DEED - CLAIM UNDER A WILL . A conveyance by a married woman of her separate estate to her husband and a son , which is a nullity for want of joinder therein by the husband , and which has not been probated as a will in the proper forum ...
Page 84
... deed . While the estate conveyed must vest upon the execu tion of the instrument , the passing of immediate rights of possession and en- joyment is not essential to constitute a deed , and the reservation of a life - es- tate does not ...
... deed . While the estate conveyed must vest upon the execu tion of the instrument , the passing of immediate rights of possession and en- joyment is not essential to constitute a deed , and the reservation of a life - es- tate does not ...
Page 85
... deed , it is a nullity , inoperative to pass any right or title . Falk v . Hecht , 75 Ala . 293 ; Hammond v . Thompson , 56 Ala . 589. If regarded as a will , rights under it cannot be asserted until admitted to probate in the proper ...
... deed , it is a nullity , inoperative to pass any right or title . Falk v . Hecht , 75 Ala . 293 ; Hammond v . Thompson , 56 Ala . 589. If regarded as a will , rights under it cannot be asserted until admitted to probate in the proper ...
Page 89
... DEED - DESCRIPTION - PATENT AMBIGUITY - PAROL EVIDENCE TO EXPLAIN . A deed described the property as " all that part of the west half of the north - west quarter of section 19 , township 17 , range 3 west , that lies south of Black ...
... DEED - DESCRIPTION - PATENT AMBIGUITY - PAROL EVIDENCE TO EXPLAIN . A deed described the property as " all that part of the west half of the north - west quarter of section 19 , township 17 , range 3 west , that lies south of Black ...
Page 91
... deed claimed to own , and had cultivated , about two acres of the same . The testi- mony further tended to show that ... deed , and exercising acts of ownership over it . That after 1871 he did not cultivate the land , but continued to ...
... deed claimed to own , and had cultivated , about two acres of the same . The testi- mony further tended to show that ... deed , and exercising acts of ownership over it . That after 1871 he did not cultivate the land , but continued to ...
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Common terms and phrases
action adverse possession affirmed agent agreement alleged amended amount Appeal from circuit appellant appellee assigned authority avers bill bond chancellor chancery court charge circuit court claim Code complainant constitution contract conveyance conviction Court of Alabama court of equity creditors damages debt deceased declaration decree deed defendant defendant's demurrer entitled equity error evidence execution fact February February 28 filed garnishees ground heirs held Howard husband indictment intention Jefferson county Judge judgment jurisdiction jurors jury land Lee county liability lien Marion county ment Miss mortgage offense Orleans overruled owner paid parties payment Pensacola person plaintiff plea possession probate proceedings proof question Railroad Co railroad company reasonable record recover refused rendered rule sold statute statute of frauds sued suit Supreme Court sureties taxes testimony tion trial usurious vendor verdict wife witness
Popular passages
Page 43 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 432 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 523 - ... nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 389 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 424 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Page 17 - The accused shall enjoy the right to be informed of the nature and cause of the accusation...
Page 102 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.
Page 69 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 102 - Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the...
Page 76 - If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to her injuries as to deprive her of any right to complain of others. If, using them, she saw the train coming, and yet undertook to cross the track, instead of waiting for the train to pass, and was injured, the consequences of her mistake and temerity cannot be cast upon the defendant.