Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: With Select Cases Relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District ... [1806-1810], Tom 11Smith & Maxwell, printers, 1808 |
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Strona 38
... contract , the argument would have applied ; because a party assenting to an usurious contract , merely to gain further indulgence , is supposed to injure nobody but himself . But one assenting to a pro- posal to rob another , either on ...
... contract , the argument would have applied ; because a party assenting to an usurious contract , merely to gain further indulgence , is supposed to injure nobody but himself . But one assenting to a pro- posal to rob another , either on ...
Strona 41
... contract to be binding , the parties must be free , and that no man can be consider- ed as particeps criminis in a transaction , unless he enter ed into it freely , ( 2 Fonb . 218 :) and it is a general prin ciple , that the doctrine in ...
... contract to be binding , the parties must be free , and that no man can be consider- ed as particeps criminis in a transaction , unless he enter ed into it freely , ( 2 Fonb . 218 :) and it is a general prin ciple , that the doctrine in ...
Strona 42
... contract , could not have been recovered back , in an action for money had and received . But at this day the case of Tomkins and Barnett , is utterly exploded ; the payer of the money is not held to be a particeps criminis , on ac ...
... contract , could not have been recovered back , in an action for money had and received . But at this day the case of Tomkins and Barnett , is utterly exploded ; the payer of the money is not held to be a particeps criminis , on ac ...
Strona 46
... contracts to be performed in specie , from doing so in a case like the present ? But I must return to my subject . In ... contract , beyond legal interest , may be recovered back in an action for money had and received ; and that money ...
... contracts to be performed in specie , from doing so in a case like the present ? But I must return to my subject . In ... contract , beyond legal interest , may be recovered back in an action for money had and received ; and that money ...
Strona 48
... contract against Austin , in the pre- sent case . But it is said that he who comes here for relief must draw his justice from pure fountains . The same is said , and justly said , at law , in the action for money had and re- ceived ...
... contract against Austin , in the pre- sent case . But it is said that he who comes here for relief must draw his justice from pure fountains . The same is said , and justly said , at law , in the action for money had and re- ceived ...
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Kluczowe wyrazy i wyrażenia
Act of Assembly action admitted Admr affirmed agreement answer appear appellee assumpsit awarded bill of review bond brought cause certificate Chancellor circumstances claim Colston common law commonwealth complainant contended contract counsel County Court Court of Chancery court of equity creditors damages death debt declaration decree deed defendant demurrer detinue devise District Court entitled estate tail evidence ex'or execution executor fee simple fee tail fraud granted ground heirs High Court Hook husband injunction intention interest intestate issue John Hook John Randolph John Syme judgment JUNE jurisdiction jury land ment Meredith negroes Nelson NOVEMBER obtained OCTOBER opinion paid parties payment person plaintiff possession prove purchase question Randolph record remainder Richmond District Robinson Ross Rowton rule rule in Shelley's sheriff slaves suit Superior Court supersedeas taken term testimony thereof Timberlake tion trial verdict Wickham wife against CHAPMAN Winston witness words writ
Popularne fragmenty
Strona 295 - Every estate in lands, which shall be granted, conveyed or devised to one, although other words heretofore necessary to transfer an estate of inheritance be not added, shall be deemed a fee simple estate of inheritance, if a less estate be not limited by express words, or do not appear to have been granted, conveyed, or devised by construction or operation of law.
Strona 85 - ... whether the writing produced be the will of the testator or not which shall be tried by a jury, or if neither party require a jury, by the court.
Strona 299 - ... that, in the construction of a will, the intention of the testator, as expressed in it, and collected from the whole of it, must prevail, provided it can be carried into effect...
Strona 243 - Grew, all my lands [naming them particularly;] to hold the same, with their appurtenances. to him the said George Grew, for and during the term of his natural life...
Strona 277 - ... of a devise to A. for life, and after his decease to the unborn children of B., this would be a contingent remainder in such children; but under a devise to A.
Strona 141 - Rights, which was notoriously framed with a cautious eye to this subject, and was meant to embrace the case of free citizens, or aliens only ; and not by a side wind to overturn the rights of property, and give freedom to those very people whom we have been compelled from imperious circumstances to retain, generally, in the same state of bondage that they were in at the revolution, in which they had no concern, agency or interest.
Strona 173 - Yet the lower rank of people, who were always fond of the old common law, still claim and exert their ancient privilege: and the courts of law will still permit a husband to restrain a wife of her liberty, in case of any gross misbehaviour.
Strona i - Reasonable notice shall be given by the party in whose favor the deposition is to be taken to the opposite party of the time and place of taking the same.
Strona 26 - Va.) 24, it was held, that a district court has no power or jurisdiction to reverse, alter or- amend a judgment given at a former term of the said court, which had- been entered on the order book and signed by a judge in open court.