Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 26Edward O. Jenkins, 1859 |
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action adm'r admitted adverse possession affidavit alleged amount answer Assumpsit bank Beall bill bond certiorari charged the jury charter claim common law complainant contract corporation counsel Court erred Court of Equity Court of Ordinary Court overruled Court refused Court.-BENNING Court.-LUMPKIN creditors debts decision deed defendant excepted defendant in error defendant's DeKalb county delivering the opinion dissolution dollars Doonan entitled equity et ux evidence ex'or execution executor expired extinguished facts fendant Fowler Georgia Georgia Railroad grant ground Heard indictment interrogatories John Jones Judgment affirmed jury found land liability lien Macon ment mortgage motion negro objection offence paid parties person plaintiff in error possession purchase recover request Robison rule Savannah Sheriff Sill slave sold statute statute of limitations stockholders sued sufficient suit Superior Court Term testator testified testimony tion trial Tried before Judge true trustee warrant witness
Popular passages
Page 689 - Signed, sealed published and declared by the above named James Miller to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator.
Page 551 - ... or upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 490 - Equity, that never ought to be extended, unless to cases of great injury, where Courts of Law cannot afford an adequate or commensurate remedy in damages. The right must be clear, the injury impending or threatened, so as to be averted only by the protecting preventive process of injunction.
Page 160 - Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
Page 490 - ... an injunction. It is the strong arm of equity, that never ought to be extended unless to cases of great injury, where courts of law cannot afford an adequate or commensurate remedy in damages.
Page 563 - CANNON for and in consideration of the sum of $613.00 to him in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged has granted bargained sold and conveyed and by these presents grant bargain sell and convey unto the said PERRY S.
Page 147 - ... to uses shall be deemed to be in him or them that have the use, in such quality, manner, form and condition, as they had before in the use.
Page 297 - The jury found a verdict in favor of the will, and counsel for the caveators moved the court to set it aside and direct a new trial, mainly on the ground, that the instruction given was a misdirection as to the law of the case. The application being refused, a writ of error is prosecuted to this court. It cannot be denied that the courts, both in England and in this country, from a disposition to favor wills, have departed, not only from the strict construction, but the obvious meaning, of the Statute...
Page 322 - ... it is a secret invisible trust, known only to the vendor and vendee, and to those to whom It may be communicated in fact. To the world the vendee appears to hold the estate, divested of any trust whatever; and credit is given to him, in the confidence that the property is his own in equity, as well as law.
Page 28 - States," and shall so continue until the third day of March, in the year one thousand eight hundred and thirty-six, and by that name shall be, and are hereby, made able and capable, in law, to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of...