Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1862], Both Inclusive, Volume 4S. Gales, 1857 |
From inside the book
Results 1-5 of 45
Page 35
... executor or adminis- trator to pay to Matthew Smith , five thousand dollars , just for the good will I have for him , at my death , for him to have in fee simple forever , as witness my hand and seal , this Feb. 18 , 1854 . HENRY BRITT ...
... executor or adminis- trator to pay to Matthew Smith , five thousand dollars , just for the good will I have for him , at my death , for him to have in fee simple forever , as witness my hand and seal , this Feb. 18 , 1854 . HENRY BRITT ...
Page 38
... executors , or interlining " witness my hand and seal , " although made by A B , does not alter its legal effect , and , according to our admission , does not avoid the bond . But it must be borne in mind , that this admission is made ...
... executors , or interlining " witness my hand and seal , " although made by A B , does not alter its legal effect , and , according to our admission , does not avoid the bond . But it must be borne in mind , that this admission is made ...
Page 39
... executor to pay A B $ 5,000 , the addition of the word " administrator " tends to fix its character as a bond , and to repel the idea of its be- ing a direction to his executor as a testamentary disposition , by providing for a case of ...
... executor to pay A B $ 5,000 , the addition of the word " administrator " tends to fix its character as a bond , and to repel the idea of its be- ing a direction to his executor as a testamentary disposition , by providing for a case of ...
Page 88
... executors of W. G. Daugh- try , dec'd . , or order , one hundred and fifteen dollars , for the hire of man Tony , boy Jack , and Charles ; the said negroes are to be kept and returned on the 25th day of December , 1853 ; to have a good ...
... executors of W. G. Daugh- try , dec'd . , or order , one hundred and fifteen dollars , for the hire of man Tony , boy Jack , and Charles ; the said negroes are to be kept and returned on the 25th day of December , 1853 ; to have a good ...
Page 104
... executor who pays such a claim in preference to a judgment creditor , is guilty of a devastavit . A purchaser at sheriff's sale , who gets a defective title , has no right to take the place of the creditor by substitution , and thus ...
... executor who pays such a claim in preference to a judgment creditor , is guilty of a devastavit . A purchaser at sheriff's sale , who gets a defective title , has no right to take the place of the creditor by substitution , and thus ...
Common terms and phrases
accord and satisfaction admitted adverse possession alleged ASSUMPSIT bond brought charged the jury claim common law consideration contended contract County Court Court of Equity creditors CURIAM damages debt deceased declaration deed defendant defendant excepted defendant's counsel delivered dollars entitled error evidence execution executor fact Fall Term favor fendant give Honor indictment instructed the jury issue John Jones Judge Judgment affirmed Judgment and appeal Judgment reversed justice land lessor liable matter ment NASH negro Neuse river nonsuit objection opinion paid parties payment person Peter Kerns plaintiff plea possession principle prisoner proved purchaser question Rail Road recover rule sheriff slave sold Spring Term statute of frauds statute of limitations sufficient suit Superior Court sureties testator testimony tiff tion tract trespass trial tried trust venire de novo Verdict and judgment void warrant Williams Wilmington witness writ
Popular passages
Page 11 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 225 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : Ex dolo malo non oritur actio.
Page 226 - No court will lend its aid to a man, who founds his cause of action upon an immoral or illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted.
Page 46 - Wheeler, of the county and state aforesaid, of the second part, witnesseth: That the said party of the first part for and In consideration of the sum of two hundred and twenty-five dollars to me In hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell, alien, convey and confirm unto the said party of the second part...
Page 11 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Page 11 - That retrospective Laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty ; wherefore, no ex post facto Law ought to be made, nor any retrospective oath or restriction be imposed or required.
Page 22 - There is a recklessness — a wanton disregard of humanity and social duty — in taking, or endeavoring to take, the life of a fellow being in order to save one's self from a comparatively slight wrong, which is essentially wicked and the law abhors.
Page 64 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 260 - ... the penalty, or condition of the instrument, from the provisions prescribed by law, shall be valid, and may be put in suit in the name of the State, for the benefit of the person injured by a breach of the condition thereof, in the same manner as if the office had been duly conferred, or the appointment duly made, and as if the penalty and condition of the instrument had conformed to the provisions of law.
Page 29 - And, on the other hand, that such infidels who either do not believe in a God, or if they do, do not think that He will either reward or punish them in this world or in the next, cannot be witnesses in any case nor under any circumstances, for this plain reason, because an oath cannot possibly be any tie or obligation upon them.