The Southeastern Reporter, Volume 46West Publishing Company, 1904 - Law reports, digests, etc |
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Results 1-5 of 100
Page 24
... consideration , we find no error . ( 134 N. C. 116 ) BUNCH v . ELIZABETH CITY LUMBER CO . ( Supreme Court of North Carolina . Dec. 18 , 1903. ) CONTRACTS - CONSTRUCTION - SALES OF TIM- BER - INTEREST OF PURCHASER - TERMINA- TION TIME OF ...
... consideration , we find no error . ( 134 N. C. 116 ) BUNCH v . ELIZABETH CITY LUMBER CO . ( Supreme Court of North Carolina . Dec. 18 , 1903. ) CONTRACTS - CONSTRUCTION - SALES OF TIM- BER - INTEREST OF PURCHASER - TERMINA- TION TIME OF ...
Page 27
... consideration that has failed . He has simply refused to do what he had a right to do , and to compel the plaintiff to give him back his money would permit the defendant to take advantage of his own default . The plaintiff was certainly ...
... consideration that has failed . He has simply refused to do what he had a right to do , and to compel the plaintiff to give him back his money would permit the defendant to take advantage of his own default . The plaintiff was certainly ...
Page 38
... consideration the establishment of a dispen- sary at a designated place , so that the voters of the township may have opportunity to pe- tition against it . No argument is necessary to show the notice now under consideration fully met ...
... consideration the establishment of a dispen- sary at a designated place , so that the voters of the township may have opportunity to pe- tition against it . No argument is necessary to show the notice now under consideration fully met ...
Page 41
... consideration for the deed creating the trust , was binding upon the trust estate , and I concur in their view upon ... considerations of their mortgages , or that they did not have full notice of the claim of Mrs. Bookman and Mrs ...
... consideration for the deed creating the trust , was binding upon the trust estate , and I concur in their view upon ... considerations of their mortgages , or that they did not have full notice of the claim of Mrs. Bookman and Mrs ...
Page 42
... consideration of her conveyance of the premises to the said A. G. Bookman , trustee . She bases her right to so convey upon a tax title made by the sheriff of Fairfield county to her in 1895 , at a sale of the property for delinquent ...
... consideration of her conveyance of the premises to the said A. G. Bookman , trustee . She bases her right to so convey upon a tax title made by the sheriff of Fairfield county to her in 1895 , at a sale of the property for delinquent ...
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Common terms and phrases
acres adverse possession affirmed agent alleged appeal appellee assignment authority bill bond Bookman brings error cause of action charge circuit court claim coal Code commissioner complaint contract conveyed corporation county court court of equity creditors damages debt decree deed of trust defendant in error defendant's demurrer dismissed dower duty equity estoppel evidence execution fact fendant filed Georgia grant grantor Grat ground held insurance companies interest issue judge judgment jurisdiction jury justice liable lien Lumber ment motion negligence notice Orleans Cross Roads overruled paid parties payment person petition plaintiff in error plea possession prohibition purchase purpose question railroad company reason road rule says Smith sold statute street suit superior court Supreme Court Syllabus thereof tiff timber tion tract of land trial verdict West Virginia Wise county writ writ of prohibition
Popular passages
Page 271 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost or duty therefor.
Page 356 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies...
Page 187 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation, — not simply convenient, but indispensable.
Page 398 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 240 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 82 - As a general rule, the action on a contract, whether express or implied, or whether by parol or under seal, or of record, must be brought in the name of the party in whom the legal interest in such contract is vested, and against the party who made it in person or by agent.
Page 236 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 126 - ... but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 271 - that the use and navigation of the river Ohio, so far as the territory of the proposed state, or the territory which shall remain within the limits of this Commonwealth lies thereon, shall be free and common to the citizens of the United States...
Page 331 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property.