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action administrator admitted agent amount answer appears assignment attachment authority Bank bill bond cause charge Circuit Court cited claim complainant consideration considered contract conveyed County Court creditors debt debtor decree deed defendant direct discharge dollars effect entitled equity evidence exceptions execution executor fact fieri facias filed fraud further give given grant hands heirs held indorsement insisted intended interest issue John judgment jury land latter levied Mobile mortgage necessary notice objection offered paid parties payment person plaintiff in error plea pleaded possession present principal proceedings proof proper proved purchase question reason received record recover reference refused rendered reversed rule sheriff shown slaves sold statute sued sufficient suit surety taken term tion trial trust United witness Writ of error
Seite 163 - ... unless the promise or 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 by him thereunto lawfully authorized.
Seite 561 - Where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively...
Seite 20 - Mobile could be amended to conform to the true name given in the declaration as the Branch of the Bank of the State of Alabama at Mobile.
Seite 163 - That 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...
Seite 431 - that the law of the place where the contract is made is to determine the rate of interest when the contract specifically gives interest; and this will be the case though the loan be secured by a mortgage on lands in another State, unless there be circumstances to show that the parties had in view the laws of the latter place in respect to interest. When that is the case, the rate of interest of the place of payment is to govern.
Seite 557 - An act supplementary to the several acts for the adjustment of land claims in the state of Louisiana," approved the llth May, 1820, and for other purposes, Feb.
Seite 222 - And, on the other hand, where the accounts are all on one side, and no discovery is sought, or required...
Seite 338 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts which shall not have been created in consequence of a defalcation as a public officer ; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity...