Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama: 1831/1832, Volume 1M. J. Slade., 1836 - Law reports, digests, etc |
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Page 12
... questions raised , were , as to the sufficiency of the consideration between the parties ; and of the right of the plaintiffs in error to to question the interest of the defendants , in the real estate . Gordon , for Plaintiffs - Hall ...
... questions raised , were , as to the sufficiency of the consideration between the parties ; and of the right of the plaintiffs in error to to question the interest of the defendants , in the real estate . Gordon , for Plaintiffs - Hall ...
Page 25
... question arises , 1. Is it competent for a Court of Law , in the ex- ercise of its legitimate and incidental powers , on mo- tion , to order one judgment to be placed as a set - off to another between the same parties , in the same ...
... question arises , 1. Is it competent for a Court of Law , in the ex- ercise of its legitimate and incidental powers , on mo- tion , to order one judgment to be placed as a set - off to another between the same parties , in the same ...
Page 27
... question ; nor is Chancery concluded wherea new fact is dis- closed , which was not presented to the Court of Law . In this case , it may be observed that , even if we could assume the fact that the judgment which was allowed as a set ...
... question ; nor is Chancery concluded wherea new fact is dis- closed , which was not presented to the Court of Law . In this case , it may be observed that , even if we could assume the fact that the judgment which was allowed as a set ...
Page 28
... question presented was , whether any act of the husband , ren- dered the note of the wife valid , without a special dis- closure in the declaration of a new consideration . Vandegraaf , for plaintiff - Gayle , contra . PHILLIPS vs ...
... question presented was , whether any act of the husband , ren- dered the note of the wife valid , without a special dis- closure in the declaration of a new consideration . Vandegraaf , for plaintiff - Gayle , contra . PHILLIPS vs ...
Page 30
... question , in this Court , of the validity of the will of one Clarke McGrew . The record showed , that the parties in interest , hav- ing been cited to appear , and show cause why the said will should not be admitted to probate ; and ...
... question , in this Court , of the validity of the will of one Clarke McGrew . The record showed , that the parties in interest , hav- ing been cited to appear , and show cause why the said will should not be admitted to probate ; and ...
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Common terms and phrases
action admitted affirmed agreement Alabama alleged amend amount appear assigned for error assumpsit authorise authority averment Bank bill of exceptions bond CALDWELL cause chancery charge charter Circuit Court claim Common Law complainant consideration Constitution contract conveyance counsel County Court Court erred creditors Creek debt decision declaration decree deed deed of trust dollars equity evidence execution facts favor fraudulent garnishee GOLDTHWAITE HUNTSVILLE Indian tribes insolvent intended issue John Judge judgment jurisdiction jury Justice KILLOUGH land Marengo county ment motion nations non est factum notice nunc pro tunc opinion overruled party payment person Pettus plaintiff in error plea pleaded possession principle promise promissory note proof proved purchase question record recover rendered reversed rule set-off sheriff shew Smith sovereign sovereignty Standefer statute of frauds sufficient suit sustained term territory testimony tion treaties trial United void writ of error
Popular passages
Page 441 - Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.
Page 439 - The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof...
Page 377 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 439 - States, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale...
Page 346 - This principle was that discovery gave title to the government by whose subjects or by whose authority it was made against all other European governments, which title might be consummated by possession.
Page 376 - They act upon the subject before it becomes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose. They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Page 348 - Company, as also all the lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest, as aforesaid; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever or taking possession of any of the lands above reserved, without our special leave and license for that purpose first obtained.
Page 413 - We will not enter into the controversy, whether agriculturists, merchants, and manufacturers, have a right, on abstract principles, to expel hunters from the territory they possess, or to contract their limits. Conquest gives a title which the courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respecting the original justice of the claim which has been successfully asserted.
Page 412 - But, as they were all in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements and consequent war with each other, to establish a principle which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves.
Page 369 - Regulating the trade and managing all affairs with the Indians, not members of any of the states ; provided that the legislative right of any state within its own limits be not infringed or violated...