Reports of Cases in the Supreme Court of Appeals of Virginia, Volumen70D. Bottom, Superintendent of Public Print., 1878 Some vols. also contain reports of cases in the General Court of Virginia. |
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Página 38
... warrants even in a court of law a presump- tion of satisfaction of a debt . 1 Lom . Dig . 454 , et seq .; 1 Tuck . Com . 110 , B. II ; 2 Bl . Com . 159 , n . ( 8 ) ; How- ard v . Harris , 2 Wh . & Tud 38 . COURT OF APPEALS OF VIRGINIA .
... warrants even in a court of law a presump- tion of satisfaction of a debt . 1 Lom . Dig . 454 , et seq .; 1 Tuck . Com . 110 , B. II ; 2 Bl . Com . 159 , n . ( 8 ) ; How- ard v . Harris , 2 Wh . & Tud 38 . COURT OF APPEALS OF VIRGINIA .
Página 40
... tion . The learned English annotators of the Leading Cases in Equity , after enumerating the circumstances mentioned in Minor's Institutes , ubi . supra . , add : " The case would also be taken out of the statute by the mort- gagor or ...
... tion . The learned English annotators of the Leading Cases in Equity , after enumerating the circumstances mentioned in Minor's Institutes , ubi . supra . , add : " The case would also be taken out of the statute by the mort- gagor or ...
Página 41
... tion , the appellant is entitled to redeem in the usual manner and upon the usual terms ; and consequently that the decree of the circuit court of Smythe county is erroneous and should be reversed and annulled , and the cause remanded ...
... tion , the appellant is entitled to redeem in the usual manner and upon the usual terms ; and consequently that the decree of the circuit court of Smythe county is erroneous and should be reversed and annulled , and the cause remanded ...
Página 48
... tion of the sale . By the last mentioned exceptions , the exceptors objected to the sale " unless it should be con- firmed upon the express condition that the purchaser , S. S. Crockett , should pay the sum of ten thousand dollars in ...
... tion of the sale . By the last mentioned exceptions , the exceptors objected to the sale " unless it should be con- firmed upon the express condition that the purchaser , S. S. Crockett , should pay the sum of ten thousand dollars in ...
Página 63
... opinion of the court permitting the witness to testify , or intimated a purpose or desire to save the point . The fact that objec- Lamberts V. ex'or & als . Lamberts V. ex'or & 1877. tion was made at all COURT OF APPEALS OF VIRGINIA . 63.
... opinion of the court permitting the witness to testify , or intimated a purpose or desire to save the point . The fact that objec- Lamberts V. ex'or & als . Lamberts V. ex'or & 1877. tion was made at all COURT OF APPEALS OF VIRGINIA . 63.
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Términos y frases comunes
&als action adm'r affirmed aforesaid agent agreed agreement amount answer appear appellant appellees applied authority Bank bill bond brought cause charge circuit court circumstances claim Coffman commissioner complainant Confederate consideration considered contract conveyed counsel Crawford creditors David death debt decided decree deed defendant directed effect entitled equity error evidence ex'or exceptions executed executor fact filed follows further give given Gratt ground guardian hands heirs held instruction intended interest issue January John judge judgment jury land liable lien ment named notice Novem'r objection October opinion paid parties payment person Pilson plaintiff principal proceedings purchase purchase money question reason receipt received record refused respect reversed rule says Septem'r Term sold statute sufficient suit sureties taken thereof tion trust wards whole wife witness
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Página 572 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Página 572 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Página 280 - ... from all debts and claims which by said act are made provable against his estate, and which existed on the...
Página 572 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default, is such as would (if death had not ensued,) have entitled the party injured to maintain an action and recover damages, in respect thereof, then and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have...
Página 572 - That every such Action shall be for the Benefit of the Wife, Husband, Parent, and Child of the Person whose Death shall have been so caused...
Página 492 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Página 240 - This day came again the parties by their counsel, and the court, having maturely considered the transcript of the record of the decree aforesaid...
Página 236 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Página 219 - The plaintiffs stated the ground on which they sought to recover in their first point, by which they asked the court to instruct the jury as follows: "If the jury believe...
Página 62 - Nevertheless. the jury found a verdict for defendants, on the ground that the testatrix was not of sound and disposing mind and memory at the time she executed the will.