The South Western Reporter, Volume 299West Publishing Company, 1928 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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Page 28
... deed of trust executed to the Joint Stock Land Bank of St. Louis , Mo. " During the pendency of the suit , and before the sale , the defendants in this action became insolvent , and were adjudged bankrupts , and their equi- ty in said ...
... deed of trust executed to the Joint Stock Land Bank of St. Louis , Mo. " During the pendency of the suit , and before the sale , the defendants in this action became insolvent , and were adjudged bankrupts , and their equi- ty in said ...
Page 105
... deed of trust to secure lower in- terest rate , held not merged in deed conveying property . business , providing that owner of farm land Contract for exchange of farm land for coal would execute new deed of trust in order that other ...
... deed of trust to secure lower in- terest rate , held not merged in deed conveying property . business , providing that owner of farm land Contract for exchange of farm land for coal would execute new deed of trust in order that other ...
Page 106
... deed of trust on farm land , and that agreement extending time for making such substitution was modifica- tion of terms of written contract , held not error . 5. Contracts 238 ( 2 ) -Written contract may be modified by subsequent parol ...
... deed of trust on farm land , and that agreement extending time for making such substitution was modifica- tion of terms of written contract , held not error . 5. Contracts 238 ( 2 ) -Written contract may be modified by subsequent parol ...
Page 107
... deed to said land was delivered to plaintiffs deed of trust and the 6 per cent . on the pro- on April 1 , 1921 ; and generally denies all posed new loan , as provided in the contract . other allegations of the petition . For further On ...
... deed to said land was delivered to plaintiffs deed of trust and the 6 per cent . on the pro- on April 1 , 1921 ; and generally denies all posed new loan , as provided in the contract . other allegations of the petition . For further On ...
Page 108
... deed to the land merged the contract into the deed , and they must recover , if at all , for breach of war- ranty contained in the deed . Of course , if the contract became merged in the deed , the court was in error in refusing the ...
... deed to the land merged the contract into the deed , and they must recover , if at all , for breach of war- ranty contained in the deed . Of course , if the contract became merged in the deed , the court was in error in refusing the ...
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Common terms and phrases
action affirmed alleged amount answer Appeals of Texas appellant appellant's appellee attorney automobile bill of exception cause chancery court charge circuit court Civil Appeals claim complained contract convicted corporation Court of Civil Court of Criminal Criminal Appeals Criminal law damages deceased decree deed defendant defendant's demurrer dence Digests and Indexes district court evidence facts fendant Fields Corporation filed Fort Worth Hardin county held indictment injury instruction issue Judge judgment jurisdiction jury Key-Numbered Digests land lant's liability Liberty county lien ment mortgage motion negligence opinion overruled parties payment pellant person petition plaintiff plaintiff in error pleaded prosecution purchase question record refused Rehearing remanded rendered reversed reversible error Roy Mason statute suit Supreme Court sustained term testified testimony thereof tiff tion topic and KEY-NUMBER trial court Upton county verdict witness
Popular passages
Page 94 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, 280 Opinion of the Court.
Page 95 - ... any common carrier, railroad or transportation company, to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed...
Page 344 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
Page 95 - States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void...
Page 4 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Page 217 - Congress or works material prejudice to the characteristic features of the general maritime law or interferes with the proper harmony and uniformity of that law in its international and interstate relations.
Page 95 - Columbia to a point in another state or territory, or from a point in a state or territory to a point in the District of Columbia, or from any point in the United States to a point in an adjacent foreign country...
Page 109 - Where the means of knowledge are at hand, and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Page 93 - C., is adopted as the opinion of the court. The Judgment of the circuit court is accordingly reversed, and the cause remanded.
Page 95 - ... shall have no other effect than to limit liability and recovery to an amount not exceeding the value so declared or released...