Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 27 |
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Страница 104
... deed of a riparian proprietor con- veys the right to the undiminished flow of the stream , and no reservation of a right to divert can be implied from the fact that , at the time of the exe- cution of the conveyance , he diverted the ...
... deed of a riparian proprietor con- veys the right to the undiminished flow of the stream , and no reservation of a right to divert can be implied from the fact that , at the time of the exe- cution of the conveyance , he diverted the ...
Страница 106
... deed was executed , and that the land on which it was situ- ated ( with the mill privilege and appurtenances ) was con- veyed by said Page to one Anderson , by deed dated December 21 , 1841 ; and defendant insists that complainant's ...
... deed was executed , and that the land on which it was situ- ated ( with the mill privilege and appurtenances ) was con- veyed by said Page to one Anderson , by deed dated December 21 , 1841 ; and defendant insists that complainant's ...
Страница 107
... deed from Page to Anderson , of December 21 , 1841 , does not estop the complainant in this suit . The land em- braced in it does not lie on the creek , and has , therefore , as an incident to it , no riparian rights which Page could ...
... deed from Page to Anderson , of December 21 , 1841 , does not estop the complainant in this suit . The land em- braced in it does not lie on the creek , and has , therefore , as an incident to it , no riparian rights which Page could ...
Страница 157
... deed not duly recorded , the purchaser is protected , although he may have had notice of the deed at the time of his purchase ; and this construction is hereby extended to deeds conveying real estate . 2—3 . Title of purchaser at ...
... deed not duly recorded , the purchaser is protected , although he may have had notice of the deed at the time of his purchase ; and this construction is hereby extended to deeds conveying real estate . 2—3 . Title of purchaser at ...
Страница 158
... deed , dated June 7 , 1852. At the time of the purchase of said lands by the plaintiff , he had full knowledge of the defendant's claims , and of the alleged title under which he claims . " On the 1st day of May , 1843 , said Batre made ...
... deed , dated June 7 , 1852. At the time of the purchase of said lands by the plaintiff , he had full knowledge of the defendant's claims , and of the alleged title under which he claims . " On the 1st day of May , 1843 , said Batre made ...
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action Adm'r administrator admissible adverse possession afterwards agreement alleged amount answer appellant apply assigned for error assumpsit authority averment bill of exceptions cause chancellor Chancery Chancery Court charged the jury Circuit Court claim Code common law complainant contract court of equity creditors damages debts declaration decree deed defendant excepted defendant's demand demurrer detinue entitled equity evidence execution executor facts fendant filed fraud garnishment Garrett Georgia given heirs insolvent Insurance intestate issue John Johnston Joshua Kennedy judgment jurisdiction land levied liable ment Mobile mortgage negro objection Orleans overruled paid party payment person plaintiff plea pleaded possession proceedings promissory note proof proved purchase recover refused rendered resulting trust rule sheriff slaves sold statute statute of frauds sued suit supra sustained term testator testimony thereof Thomas tion trial trust void WADE KEYES wife Williams witness writ
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Страница 99 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently...
Страница 300 - When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, as are not alien enemies, in.
Страница 98 - ... considered as contracting with reference to it, is considered to form part of every policy, designed to protect risks in such trade, unless the express terms of the policy decisively repel the inference.
Страница 585 - 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. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Страница 114 - If a man hath several distinct parcels of inclosed land, and he sells all but one surrounded by the others, and to which he has no way or passage except over one of the lots he has sold, it has been made a question, whether he be entitled to a right of way against his own deed, when he has been so improvident as to reserve none. It is said, in Clarke \. Coggef that the law reserves to him a right of way in such case from necessity.
Страница 709 - A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same.
Страница 99 - ... if there should be any reasonable doubt upon the sense and meaning of the whole, to have a greater effect attributed to them than to the printed words, inasmuch as the written words are the immediate language and terms selected by the parties for the expression of their meaning...
Страница 249 - We do not say that it would be deemed a bona fide transaction, so as to bind the firm, if the majority choose wantonly to act without information to or consultation with the minority (Story on Part. § 123); but when, as in the present case, the one partner has given notice, and ex'pressed his dissent in advance, there could be no reason or propriety in requiring him to be consulted by the other two. We do not consider the cases to which we have been referred, holding that one partner has the right...
Страница 249 - ... the direction and control of the business to one of the partners, that the dissent of the other would not avail, if the contract was made in good faith (Pothier Traite du Com. de Soc., No. 71, 90) ; and such also, we think, is the rule of the common law. Const, v. Harris, Turn. & Russ. 496; Story on Part.
Страница 250 - The dissent, in the present case, cannot be regarded as a dissolution; for, if effectual, it would not necessarily produce that result, although it might operate to change the mode of conducting the business. In other words, it .might be carried on without contracting debts. * Our conclusion is that the act, being concurred in by two of the partners, was, under the circumstances, the act of the firm, and that the charge, asserting the proposition that the dissent of one partner against the other...