Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Volume 8David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, William J. Storey, Charles L. Terry Mercantile Print. Company, 1873 - Law reports, digests, etc |
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action afterward agent agreement alleged amount apply assigned assumpsit bill of lading bond bound cars charged the jury claim Clements common carriers common law constitute contract counsel Court of Chancery court of equity creditor debt deceased deed defalcation defendant delivered delivery deputy collector draft duty entered entitled to recover estoppel evidence execution fact fee simple firm Fleming fraud fraudulent furnished Harr heirs hundred dollars indorsed intention interest issued judgment Kent County land latter Lesley levied liability lien locus in quo loss ment mortgage negligence owner paid parties payment peaches person Philadelphia plaintiff possession premises principle proof proved provisions purchaser purpose question railroad company reason regard rent road rule seal sheriff sold statute sufficient suit Superior Court sureties Sussex County testator thereon Thomas D tion tract vendor verdict witness writ
Popular passages
Page 389 - Jesus; to do unto others as we would have them do unto us ; and to be merciful, just, and pure (Science and Health, p.
Page 354 - Whether we are considering an agreement between parties, a statute, or a constitution, with a view to its interpretation, the thing we are to seek is the thought which it expresses.
Page 377 - Estoppe cometh of the French word estoupe, from whence the English word stopped : and it is called an estoppel or conclusion, because a man's own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth.
Page 113 - As to the testator's capacity, he must, in the language of the law, have a sound and disposing mind and memory. In other words, he ought to be capable of making his will with an understanding of the nature of the business in which he is engaged, a recollection of the property he means to dispose of, of the persons who are the objects of his bounty, and the manner in which it is to be distributed between them.
Page 383 - CD, his heirs and assigns as aforesaid ; and that I will, and my heirs, executors and administrators shall warrant and defend the same to the said CD, his heirs and assigns forever, against the lawful claims and demands of all persons.
Page 519 - An act to provide internal revenue to support the Government and to pay interest on the public debt,
Page 115 - For by law it is not sufficient that the testator be of memory when he makes his will to answer familiar and usual questions, but he ought to have a disposing memory, so that he is able to make a disposition of his lands with understanding and reason, and that is such a memory as the law calls sane and perfect memory.
Page 383 - ... and all the estate, right, title, interest, property, claim, and demand whatsoever of the said parties of the first part in law, equity or otherwise howsoever, of, in, and to the same and every part thereof.
Page 123 - To sum up the whole in the most simple and intelligent form — Were his mind and memory sufficiently sound to enable him to know, and to understand, the business in which he was engaged at the time when he executed the will?
Page 284 - If the part to be performed by one party consists of several and distinct items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be severable.