Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 23Edward O. Jenkins, 1858 - Equity |
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Common terms and phrases
adm'r administrator admitted adverse possession alleges American Colonization Society amount answer bill of exceptions bond Broach Burch Cain caveat certiorari charged the jury child Cincinnatus claim complainant counsel for defendant Court erred Court of Ordinary Court refused Court.-BENNING Court.-LUMPKIN death debt deceased deed defendant excepted defendant in error defendant's delivering the opinion demurrer Dougherty County Eli Nicks entitled equity evidence ex'or execution executor fact fee simple fendant filed Gaither Georgia grant ground heirs Inferior Court injunction issue James John Jones Judgment affirmed Justices Kirksey land legacy letters testamentary Lucas lunatic March Term motion ne exeat negro overruled paid party person plaintiff in error possession probate purchase question refused to charge Robert Perryman rule Sheriff slaves Smith sold statute suit Superior Court testator testimony tion to-wit trial Tried before Judge trust verdict wife William witness words writ
Popular passages
Page 101 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony.
Page 506 - Haisten for and in consideration of the sum of one hundred and fifty dollars to him in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged hath granted bargained sold and conveyed...
Page 87 - It is probable that the records of many of the courts in this country are replete with hasty and crude decisions; and such cases ought to be examined without fear, and revised without reluctance...
Page 80 - The general assembly shall have power to make all laws and ordinances which they shall deem necessary and proper for the good of the state, which shall not be repugnant to this constitution.
Page 100 - Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the natives (with what natural justice I shall not at present inquire), or by treaties.
Page 101 - What shall be admitted, and what rejected, at what times, and under what restrictions, must, in case of dispute, be decided, in the first instance, by their own provincial judicature, subject to the revision and control of the king in council...
Page 77 - Constitution providing therefor, and that it is not in conflict with any provision of either the Constitution of the United States or the Constitution of this state.
Page 336 - ... or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses declaring the same; any former law or usage to the contrary notwithstanding.
Page 99 - Colonies in distant countries are either such, where the lands are claimed by right of occupancy only, by finding them desert and uncultivated, and peopling them from the mother country, or where, when already cultivated, they have been either gained by conquest or ceded to us by treaties.
Page 243 - If the language of the particular clause or of the whole will, shows that the act on which the estate depends, must be performed before the estate can vest, the condition is of course precedent; and unless it be performed, the devisee can take nothing.