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according action admitted adverse possession allowed amount answer appear apply assignment authority Bank believe bill brought cause charge claim Collins Common Law complainant considered Constitution contract counsel Court creditor damage death debt decision decree deed defendant delivering effect entitled Equity evidence excepted execution Executors exist fact favor force fraud Georgia give given grant ground hands held hold indorser intended interest issue John Judge judgment jurisdiction Jury justice land Legislature liable limited matter ment motion natural necessary notice object opinion original owner paid parties passed payment person plaintiff in error plea plead possession present principle prove purchaser question reason received record reference refused remedy rule slaves Statute suit Superior Court surety taken Term testimony tion trial true usury verdict witness writ
Страница 126 - State sovereignty would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.
Страница 239 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, hut a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Страница 134 - ... apprehended from the violence and partiality of Judges appointed by the crown, in suits between the king and the subject, than in disputes between one individual and another — to settle the metes and boundaries of private property.
Страница 53 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Страница 465 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Страница 559 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, so as to make the performance of the order of the court perfectly safe to those who are compelled to obey it, and to prevent future litigation.
Страница 233 - But it is a very different question, whether he can take away from the owner of the land below, one of its natural advantages which is capable of being applied to profitable purposes, and generally increases the fertility of the soil, even when unapplied, and deprive him of it altogether, by anticipating him in its application to a new purpose.
Страница 408 - A great proportion of the rules and maxims which constitute the immense code of the common law grew into use by gradual adoption, and received, from time to time, the sanction of our courts of justice, without any legislative act or interference. It was the application of the dictates of natural justice, and of cultivated reason, to particular cases.
Страница 240 - Every proprietor who claims a right either to throw the water back above, or to diminish the quantity of water which is to descend below, must, in order to maintain his claim, either prove an actual grant .or license from the proprietors affected by his operations, or must prove an uninterrupted enjoyment of twenty years...