Cases Argued and Determined in the Supreme Court of North-Carolina, Volume 3J. Gales and Son, 1834 - Law reports, digests, etc |
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Page 30
... Plea - the statute of 1741 ( Rev. c . 28 ) " for restrain- ing the taking of excessive usury . " On the trial before his Honor Judge SWAIN , at Orange , on the last spring circuit , a verdict was entered for the plaintiff , subject to ...
... Plea - the statute of 1741 ( Rev. c . 28 ) " for restrain- ing the taking of excessive usury . " On the trial before his Honor Judge SWAIN , at Orange , on the last spring circuit , a verdict was entered for the plaintiff , subject to ...
Page 45
... plea JUNE 1831 . of nil debet , and therefore , that there was no necessity for any response to the special plea . RUFFIN , Judge . It is argued for the appellant , that the court erred in two respects . The first , in not leav- ing it ...
... plea JUNE 1831 . of nil debet , and therefore , that there was no necessity for any response to the special plea . RUFFIN , Judge . It is argued for the appellant , that the court erred in two respects . The first , in not leav- ing it ...
Page 48
... plea in abate ment . A verdict that " the statute of limitations does not bar , " is not responsive to the issue , and is er- roneous . an execution , or to an assignee completed the offence much more , to an agent . But here the ...
... plea in abate ment . A verdict that " the statute of limitations does not bar , " is not responsive to the issue , and is er- roneous . an execution , or to an assignee completed the offence much more , to an agent . But here the ...
Page 49
... plea is en- firmed , that is enough . Here the jury do find , that the tered , a special defendant owes the plaintiff the debt demanded ; which plea of the sta- cannot be , unless the plaintiff brought suit within the tion presents an ...
... plea is en- firmed , that is enough . Here the jury do find , that the tered , a special defendant owes the plaintiff the debt demanded ; which plea of the sta- cannot be , unless the plaintiff brought suit within the tion presents an ...
Page 53
... plea of not guilty , the plaintiff proved the issuing of the writ , that it came to the hands of the defendant , who failed to exe- cute it , and made a false return . thereon . The defendant proved , that the paper which purported to ...
... plea of not guilty , the plaintiff proved the issuing of the writ , that it came to the hands of the defendant , who failed to exe- cute it , and made a false return . thereon . The defendant proved , that the paper which purported to ...
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Cases Argued and Determined in the Supreme Court of North Carolina: From ... North Carolina Supreme Court No preview available - 2015 |
Common terms and phrases
action administrator admitted assets assumpsit bail bond Cape Fear Cape Fear river cause certiorari charge claim clerk common law contract conveyance conveyed counsel appeared County Court creditors CURIAM.-JUDGMENT AFFIRMED CURIAM.-JUDGMENT REVERSED DANIEL Daniel Cloud death debt debtor declaration deed defendant's detinue duty estoppel evidence execution executor facias facts fendant fieri facias fraud fraudulent Gaston grant Hawks Haywood heirs HENDERSON Honor Judge intended intestate issue John Jones judgment JUNE jury justice land last circuit last Spring Circuit lessor liable ment non est factum obligation obligor opinion paid party payment person plain plaintiff plaintiff appealed plea pleaded possession principal proof proved purchaser question RUFFIN rule scire facias seisin sheriff sheriff's deed slave statute statute of limitations sued suit Superior Court surety tenant term testator testimony tiff tion trial verdict was returned void witness words writ
Popular passages
Page 257 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 156 - ... the same shall be taken as to the creditors and purchasers of the persons aforesaid, so remaining in possession, to be fraudulent within this act, and that the absolute property is with the possession, unless such loan, reservation, or limitation of use or property, were declared by will or by deed, in writing proved, and recorded as aforesaid.
Page 156 - Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit out of the same, by writing or otherwise, and every bond, suit, judgment or execution, had or made, and contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions...
Page 464 - Law, 553, it is defined to be, "the wrongful or fraudulent taking and carrying away, by any person, of the mere personal goods of another, from any place, with a felonious intent to convert them to his (the taker's) own use, and make them his own property, without the consent of the owner.
Page 156 - ... if a conveyance be of goods and chattels and be not on consideration deemed valuable in law, it shall be taken to be fraudulent within this act: unless the same be by will duly proved and recorded; or by deed in writing, acknowledged or proved...
Page 334 - It is the well established law in this State. And if the propriety of the rule was now res Integra perhaps the necessity of the case arising from the situation of our country, and the want of self-evident termini of our lands, would require its adoption. For although it sometimes leads to falsehood, it more often tends to the establishment of truth. From necessity we have in this instance sacrified the principles upon which the rules of evidence are founded.
Page 380 - land" includes not only the face of the earth, but every thing under it, or over it. And therefore, if a man grants all his lands, he grants thereby all his mines of metal and other fossils, his woods, his waters, and his houses, as well as his fields and meadows.
Page 156 - Where any loan of goods and chattels shall be pretended to have been made to any person with whom, or those claiming under him, possession shall have remained by the space of three years, without . demand made and pursued by due course of law on the part of the pretended lender...
Page 156 - ... law, on the part of the pretended lender ; or where any reservation or limitation shall be pretended to have been made, of a use or property, by way of condition, reversion, remainder, or otherwise, in goods and chattels, the possession whereof shall have remained in another as aforesaid ; the same shall be taken as to the creditors...
Page 156 - ... utterly void, frustrate, and of none Effect ; any Pretence, Colour, feigned Consideration, expressing of Use, or any other Matter or Thing to the contrary notwithstanding.