Cases Argued and Decided in the Supreme Court of the State of Texas: 1873, Volume 38Hutchings Print. House (etc.), 1874 - Law reports, digests, etc |
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Page 16
... pleadings ( Gould on Pleading , Chap . 9 , Sec . 36 ) we can properly consider this plea . No principle of equity is better settled than that there can be no innocent purchaser of an equitable title . ( Boon v . Childs , 10 Pet . , 179 ...
... pleadings ( Gould on Pleading , Chap . 9 , Sec . 36 ) we can properly consider this plea . No principle of equity is better settled than that there can be no innocent purchaser of an equitable title . ( Boon v . Childs , 10 Pet . , 179 ...
Page 32
... pleadings . The acts of the Congress of 1837 , ordering the survey of the island , and the fact that the island was surveyed in compliance with the act , are not denied by the pleadings , but are quite clearly established by the laws of ...
... pleadings . The acts of the Congress of 1837 , ordering the survey of the island , and the fact that the island was surveyed in compliance with the act , are not denied by the pleadings , but are quite clearly established by the laws of ...
Page 33
... pleadings in this case had been appropriated as had been hundreds of other tracts in a similar way , and it would not now be equitable or just to set aside any or all of those grants whenever and wherever they were found to contain an ...
... pleadings in this case had been appropriated as had been hundreds of other tracts in a similar way , and it would not now be equitable or just to set aside any or all of those grants whenever and wherever they were found to contain an ...
Page 40
... pleading should have been so adjudged , without reference to the statute itself . We feel no assurance that the application of the statute was recognized by the court . If this case be the law , what becomes of the numerous partnership ...
... pleading should have been so adjudged , without reference to the statute itself . We feel no assurance that the application of the statute was recognized by the court . If this case be the law , what becomes of the numerous partnership ...
Page 42
... pleading , shall be founded , in whole or in part , on an instrument or note in writing , charged to have been executed by the other party , or by his authority , and not alleged therein to be lost or destroyed , such instrument or note ...
... pleading , shall be founded , in whole or in part , on an instrument or note in writing , charged to have been executed by the other party , or by his authority , and not alleged therein to be lost or destroyed , such instrument or note ...
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Common terms and phrases
25 Texas 32 Texas action administrator affirmed agent alleged appellant appellee Argument attorney authority bail bond bill bond brought champerty charge cited claim Confederate money contract court of equity Court of Guadalupe debt decree defendant demurrer District Court equity evidence executed facts filed fraud Galveston grant Guadalupe county heirs held Henry Maney homestead Horton indictment issued James James Masterson John John Ireland judge judgment jurisdiction jury justice ment motion notice OGDEN Opinion overruled paid parties Paschal's Digest patent payment person petition plaintiff in error pleadings possession probate court prove purchase money question record Refugio county rendered REVERSED AND REMANDED rule rule in Shelley's scire facias sheriff Statement statute sued suit Supreme Court survey term testimony Thomas Newcomb tion tract trial Tried try title vendor verdict void WALKER wife witness writ
Popular passages
Page 680 - ... if the assured shall have, or shall hereafter make, any other insurance on the property hereby insured, or any part thereof, without the consent of the company written hereon...
Page 469 - The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright ; but they brought with them and adopted only that portion which was applicable to their situation.
Page 400 - They are rules of property on which the repose of the country depends; titles acquired under the proceedings of courts of competent jurisdiction must be deemed inviolable in collateral action, or none can know what is his own; and there are no judicial sales around which greater sanctity ought to be placed than those made of the estates of decedents, by order of those courts to whom the laws of the states confide full jurisdiction over the subjects.
Page 572 - States, then and in such case it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States ; and thereupon...
Page 388 - They bore, indeed, this character upon their face,. for they were made payable only "after the ratification of a treaty of peace between the Confederate States and the United States of America.
Page 546 - In order that the system of penal law in force in this state may be complete within itself, and that no system of foreign laws, written or unwritten, may be appealed to, it is declared that no person shall be punished for any act or omission, unless the same is made a penal offense, and a penalty is affixed thereto by the written law of this state.
Page 552 - Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title...
Page 486 - adequate cause' is meant such as would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper sufficient to render the mind Incapable of cool reflection.
Page 274 - The principle is that where one party has by his representations or his conduct induced the other party to a transaction to give him an advantage which it would be against equity and good conscience for him to assert, he would not in a court of justice be permitted to avail himself of that advantage.
Page 351 - In the presence of the court or so near thereto as to interfere directly with the administration of justice...