The Southwestern Reporter, Volume 43West Publishing Company, 1898 |
From inside the book
Results 1-5 of 76
Page 15
... sued for ex- cept three roads , each of which is claimed to be a public highway . It subsequently again amended its answer , enlarging its disclaimer , and restricting its defense to an easement over one of the roads . Upon the trial ...
... sued for ex- cept three roads , each of which is claimed to be a public highway . It subsequently again amended its answer , enlarging its disclaimer , and restricting its defense to an easement over one of the roads . Upon the trial ...
Page 19
... sued on a note given for the price of land , though the contract , as be- tween the parties , is executed , if the vendor is insolvent , the vendee , in defense , may urge a breach of the warranty of title . On motion for rehearing ...
... sued on a note given for the price of land , though the contract , as be- tween the parties , is executed , if the vendor is insolvent , the vendee , in defense , may urge a breach of the warranty of title . On motion for rehearing ...
Page 22
... sued on , - $ 86.25 , for the balance of the pur- chase money , as agreed upon with Williams in the first place . Williams told appellee that he had the deed , but his instructions were not to deliver it until the note sued on was exe ...
... sued on , - $ 86.25 , for the balance of the pur- chase money , as agreed upon with Williams in the first place . Williams told appellee that he had the deed , but his instructions were not to deliver it until the note sued on was exe ...
Page 37
... sued for ; awarding writ of possession and execu- tion for costs . On appeal from the judgment , the supreme court , on April 29 , 1887 , affirmed the judgment in cause No. 1,311 . 4 S. W. 369 . On November 12 , 1887 , Freeman sued ...
... sued for ; awarding writ of possession and execu- tion for costs . On appeal from the judgment , the supreme court , on April 29 , 1887 , affirmed the judgment in cause No. 1,311 . 4 S. W. 369 . On November 12 , 1887 , Freeman sued ...
Page 38
... sued for , which included the 134 % acres subsequently sued for by McCray in suit No. 3,137 . Defendant also read in evi- dence the motion of McCray and McAninch for a new trial in cause No. 1,311 , filed Oc- tober 6 , 1883 , based upon ...
... sued for , which included the 134 % acres subsequently sued for by McCray in suit No. 3,137 . Defendant also read in evi- dence the motion of McCray and McAninch for a new trial in cause No. 1,311 , filed Oc- tober 6 , 1883 , based upon ...
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Common terms and phrases
acres action adverse possession affirmed alleged Appeal from circuit Appeal from district Appeals of Kentucky Appeals of Texas appellant appellee Archer county attachment attorney Bank Bell county bill of exceptions cause charge circuit court Civil Appeals claim complainant contract conveyed Court of Appeals Court of Civil creditors damages debt deceased deed deed of trust defendant defendant's demurrer district court evidence executed facts favor fendant filed heirs held homestead indictment instruction issue Jefferson county Jesse G Judge judgment jury land levy lien ment motion opinion overruled paid parties payment pellant person petition plaintiff plaintiff in error pleaded possession purchase question railroad reason record recover rendered reversed sold statute statute of limitations sued suit supersedeas bond supreme court testimony thereof tiff tion tract trial trust try title verdict wife witness writ
Popular passages
Page 72 - 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 74 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership...
Page 250 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 158 - State or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special rates.
Page 150 - All individuals, associations and corporations shall have equal right to have persons and property transported over railroads and canals, and no undue or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the State or coming from or going to any other State.
Page 160 - No railroad company shall charge, demand or receive from any person, company or corporation, for the transportation of any property or for any other service, a greater sum than it shall at the same time charge, demand or receive from any other person, company or corporation, for a like service from the same place, or upon like condition and under similar circumstances...
Page 94 - Perkins, asked the court to instruct the jury to return a verdict of not guilty as to Emanuel C.
Page 240 - It is true that a statute, containing a prohibition and a penalty, makes the act which it punishes unlawful, and the same may be implied from a penalty without a prohibition; but it does not follow that the unlawfulness of the act was meant by the legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred, a contract in contravention of it is void.
Page 240 - ... the statute must be examined as a whole, to find out whether or not the makers of it meant that a contract in contravention of it should be void, or that it was not to be so.
Page 171 - The officers of a corporation act in a fiduciary capacity in respect to its property in their hands, and may be called to an account for fraud or sometimes even mere mismanagement In respect thereto; but as between itself and its creditors the corporation is simply a debtor, and does not hold its property in trust, or subject to a lien in their favor, in any other sense than does an individual debtor.