Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 34 |
Other editions - View all
Common terms and phrases
A. J. WALKER action Adm'r administrator affirmed agreement alleged amended appeal application appointed assigned as error authority averment bill of exceptions bond chancellor chancery court charge circuit court claim clause Code common law complainant constitution contract costs court of equity damages death debt declared decree deed defendant's demand demurrer detinue entitled equity evidence execution executor facts fee simple Ficklin filed fraud garnishee grant guardian heirs husband indictment intestate issue John judgment jury land legislature letters testamentary liable Lowndes county McRee ment Nathaniel Y objection overruled paid parties payment person plaintiff plea pleadings possession probate court proceedings purchase-money purchaser question recover refused rendered road rule rule in Shelley's Saltmarsh settlement sheriff slaves sold statute sued suit supra sureties sustained term tion trial trust void WADE KEYES Walker's Executor wife William Wilson witness words
Popular passages
Page 211 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 352 - The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.
Page 290 - Each Choctaw head of a family being desirous to remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the Agent within six months from the ratification of this Treaty, and he or she shall thereupon be entitled to a reservation...
Page 363 - Where a remainder shall be limited to take effect on the death of any person without heirs, or heirs of his body, or without issue, the words "heirs" or "issue," shall be construed to mean heirs or issue, living at the death of the person named as ancestor.
Page 224 - If, then, a government, composed of legislative, executive and judicial departments were established by a constitution which imposed no limits on the legislative power, the consequence would inevitably be, that whatever the legislative power chose to enact would be lawfully enacted, and the judicial power could never interpose to pronounce it void.
Page 675 - Eliz. c. 2, to be punished by six months' imprisonment, and treble damages to the party injured. Maintenance. 12. Maintenance is an offence that bears a near relation to the former, being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise to prosecute or defend it; a practice that was greatly encouraged by the first introduction of uses.
Page 363 - ... he is presumed to have intended to give a fee, because such a power would be incompatible with a less estate. It is a long settled rule also, that where a devisee, whose estate is undefined, is directed to pay the testator's debts or legacies, or a specific sum in gross, he takes an estate in fee.
Page 227 - The better and larger definition of due process of law is that it means law in its regular course of administration through courts of justice.
Page 266 - All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.
Page 373 - AVhcve a remainder shall be limited to the heirs, or heirs of the body of a person to whom a life estate, in the same premises...