Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen70
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action administrator agreed agreement Alabama alleged allowed amount answer appeal applied appointed assignment attachment authority averment bill bond cause chancellor charge claim Code complainant condition consideration constitution contract conveyance conveyed corporation court debt deceased decree deed defendant duty effect entered entitled equity error evidence exceptions execution executor fact filed final further given granted ground held husband intended interest issue John judgment jury lands lease liability lien limitations March ment mortgage necessary notice objection original paid parties payment plaintiff possession present principle Probate proceedings proved provisions purchase purchase-money question railroad reasonable received record reference relief rendered rents road rule separate settlement shown sold statute statutory sued suit surety taken term tion transfer trust validity wife witness
Página 142 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Página 122 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, Is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it by subsequent statute; and If the irregularity consists in doing some act, or in the mode or manner of doing some act, which the Legislature might have made immaterial by prior law, It Is equally competent to make the same immaterial...
Página 498 - ... every alternate section of land, designated by odd numbers, for six sections in width on each side of said roads.
Página 145 - That all political power is inherent in the people, and all free Governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Página 506 - ... if any of said roads are not completed within ten years, no further sale shall be made and the lands unsold shall revert to the United States.
Página 499 - That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or...
Página 499 - An,d be it further enacted, That the sections and parts of sections of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands, when sold...
Página 141 - There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement ; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State.
Página 499 - ... that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of roads, respectively, may be sold; and when the Governor of said state shall certify to the Secretary of the Interior that any...
Página 142 - The obligation of a contract consists in its binding force on the party who makes it. This depends on the laws in existence when it is made; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them by the one party, and the right acquired by the other.