Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 16E.W. Stephens Publishing Company, 1847 |
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Results 1-5 of 79
Page 12
... lien on the debts made a trust - fund by the act of 1843 , are all swept away ; the act of 1846 is therefore unconstitu- tional . The legislature can pass no law that interferes with vested rights so as to de- stroy them , or transfer ...
... lien on the debts made a trust - fund by the act of 1843 , are all swept away ; the act of 1846 is therefore unconstitu- tional . The legislature can pass no law that interferes with vested rights so as to de- stroy them , or transfer ...
Page 56
... lien upon the fund . When that duty ceases , by giving a different direction to the fund , the remedy is at an end ; the lien is destroyed . Nothing is a legal remedy unless it can be carried out by process of execution . These changes ...
... lien upon the fund . When that duty ceases , by giving a different direction to the fund , the remedy is at an end ; the lien is destroyed . Nothing is a legal remedy unless it can be carried out by process of execution . These changes ...
Page 200
... lien of the other executions , as stated in the ap- praisement , which executions amount to $ 8,158 , ) to John Helm for seven thousand two hundred and twenty - eight dollars ; which sale was for two - thirds of the appraised value ...
... lien of the other executions , as stated in the ap- praisement , which executions amount to $ 8,158 , ) to John Helm for seven thousand two hundred and twenty - eight dollars ; which sale was for two - thirds of the appraised value ...
Page 207
... liens , and of course their interest was what remained after the liens were satisfied . This could be ascertained only ... lien by pay- ing the amount . Add the purchase - money to the incumbrance , and the amount is $ 15,386 , which is ...
... liens , and of course their interest was what remained after the liens were satisfied . This could be ascertained only ... lien by pay- ing the amount . Add the purchase - money to the incumbrance , and the amount is $ 15,386 , which is ...
Page 312
... lien upon the negroes for his money advanced . If he advanced his money to aid Jenkins in hindering , delaying or defrauding his creditors , he can claim no relief . The question is , whether he has been guilty of fraud ; not how much ...
... lien upon the negroes for his money advanced . If he advanced his money to aid Jenkins in hindering , delaying or defrauding his creditors , he can claim no relief . The question is , whether he has been guilty of fraud ; not how much ...
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Common terms and phrases
action administrator alleged amount answer appear appointed assigned assumpsit attorney authority Bank of Natchez bill of exceptions bond Brandon Bank cent chancery charged charter choses in action circuit court Claiborne county claim Commercial Bank commissioners complainant contract corporation court of chancery court of equity creditors debts deceased declaration decree deed of trust delivered the opinion demurrer equity evidence execution fact filed forfeiture fraud Gideon Matlock Grafton Grand Gulf Bank granted heirs held indictment indorsement interest issue John judge judgment jurors land legal representatives legislature levied lien loan Madison county ment Mississippi motion negroes note sued overruled paid party payment person plaintiff in error plea pleaded possession probate court promissory note proof proved purchase purchase-money question record recover remedy sheriff slave sold Standifer statute Stovall suit term tion trial trustees usury verdict violation void witness writ of error
Popular passages
Page 47 - That all courts shall be open, and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law ; and right and justice administered, without sale, denial, or delay.
Page 157 - The rate of interest upon the loan or forbearance of any money, goods or things in action...
Page 431 - It imports perfect verity, it is said, and the parties to it cannot be heard to impeach it. It appears to me that this proposition assumes the very fact to be established, which is the only question in issue.
Page 239 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Page 626 - No decree shall be reversed, altered, or explained, being once under the great seal, but upon bill of review; and no bill of review shall be admitted, except it contain either error in law, appearing in the body of the decree, without further examination of matters in fact, or some new matter which hath risen in time after the decree, and not any new proof which might have been used when the decree was made.
Page 663 - All public dedications must be considered with reference to the use for which they are made; and streets in a town or city may require a more enlarged right over the use of the land, in order to carry into effect, the purposes intended, than may be necessary in an appropriation for a highway in the country...
Page 253 - An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee ;" and the PRESIDENT reported the bill amended.
Page 414 - ... if the jury believe, from all the evidence in the case, that the sale was made in good faith, under the belief that such prescription and statement were true.
Page 62 - That government," says Story, "can scarcely be deemed to be free where the rights of property are left solely dependent upon the will of a legislative body without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred.
Page 422 - ... it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased...