Virginia Reports: Jefferson--33 Grattan, 1730-1880Michie Company, 1903 |
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acres action adm'r administrator affirmed agreement alleged amount answer appear appellee assignment assumpsit attorney bank Bank of Alexandria bill bond bound BROCKENBROUGH CARR cause chancellor circuit court cited claim Clopton Commonwealth contract county court court of chancery court of equity creditor David French debt due debtor declaration decree deed of trust defendant demurrer detinue discharged dismissed dollars entitled evidence ex'or executor fact filed foot-note fraud grant Gratt heirs held indorser injunction interest issue judge judgment jurisdiction jury land legatees Leigh ment Millstead monographic note mortgage Munf notice opinion paid party payment person plaintiff plea pleaded possession principal proceedings proof proved purchase money question Rand recover S. E. Rep scire facias set-off sheriff shew slaves Snapp sold statute statute of frauds suit superiour court supersedeas sureties survey testator thereof tion trial TUCKER usury vendee vendor verdict witness writ
Beliebte Passagen
Seite 110 - ... according as the very right of the cause and matter in law shall appear unto them...
Seite 249 - And, generally, it may be stated as a rule on this subject, that where a purchaser cannot make out a title but by a deed, which leads him to another fact, he shall be presumed to have knowledge of that fact.
Seite 340 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Seite 73 - But as often as Parliament had limited the time of actions and remedies to a certain period in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity.
Seite 123 - He who receives it, has a right to consider it as his without dispute : he spends it in confidence that it is his ; and it would be most mischievous and unjust if he who has acquiesced in the right by such voluntary payment, should be at liberty, at any time within the statute of limitations, to rip up the matter and recover back the money.
Seite 200 - Upon this and other evidence in the case, the counsel for the defendants (the now plaintiffs in error) asked the court to instruct the jury, that if they should find, from the evidence, that...
Seite 343 - ... and make out his case at the trial. "This is equally beneficial to the defendant. It is the most favourable way in which he can be sued: he can be liable no further than the money he has received; and against that may go into every equitable...
Seite 227 - A new trial, asked on the ground that the verdict is contrary to the evidence, ought to be granted only in a case of plain deviation from right and justice, and not in a doubtful case, merely because the court, if on the jury, would have given a different verdict.
Seite 343 - If the defendant be under an obligation, from the ties of natural justice, to refund; the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ('quasi ex contractu,') as the Roman law expresses it.
Seite 248 - That was rightly determined ; for it was sufficient to put the purchaser upon inquiry, that he was informed the estate was not in the actual possession of the person with whom he contracted ; that he could not transfer the ownership and possession at the same time; that there were interests as to the extent and terms of which it was his duty to inquire.