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according action administrator admitted allowed amount appear apply assignment authority benefit bond bound brought called cause charge Charleston circumstances claim Commissioners common consideration considered constitution contended contract Court creditors Curia damages debt decided decision deed defendant demand discharge effect England entitled Equity evidence execution executor express fact give given granted ground hand held intended interest issue John Judge judgment jurisdiction jury justice land liable limitations matter mortgage motion nature necessary negroes never nonsuit notice object operation opinion ordinary paid party person plaintiff plea pleaded possession present principle prisoner proceedings proved purchaser question reason received record recover refused regarded relation rent residence respect rule seal sheriff slaves sold statute sued sufficient suit supposed taken term thing tion trial verdict void whole witness
Page 438 - God and as touching such worldly Estate wherewith it has pleased God to bless me with in this life, I Give — demise and dispose of the same in the following manner and form.
Page 456 - And, in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to the principal, has put it out of the power of the surety to consider whether he will have recourse to his remedy against the principal, or not ; and because he, in fact, cannot have the same remedy against the principal as he would have had under the original contract...
Page 406 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, 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 143 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated: but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants.
Page 197 - Shall and Will Warrant and forever Defend by these presents. IN WITNESS WHEREOF the said parties to these presents have interchangeably set their hands and seals the day and year first above written.
Page 537 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
Page 192 - If you can establish that the party afflicted habitually by a malady of the mind has intermissions, and if there was an intermission of the disorder at the time of the act, that being proved is sufficient, and the general habitual insanity will not affect it; but the effect of it is this, it inverts the order of proof and...
Page 380 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express direction; and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses, or else they shall be utterly void, and of none effect...
Page 116 - The Jury found a verdict for the plaintiff, subject to the opinion of the Court, " whether an action on the administration bond could be maintained, without shewing in evidence, in such action, a judgment in an action of devastavit against the administrators.
Page 74 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.