Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 27Edward O. Jenkins, 1860 |
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Common terms and phrases
action Adm'rs of Whitfield administrator admitted alleged amendment answer arbitrators Bank bill further bond Boykin Breazeal certiorari charged the jury claim complainant contract counsel Court erred Court of Equity Court of Ordinary Court overruled Court refused Court.-BENNING Court.-LUMPKIN creditors Davis debt deceased Decision by Judge deed defendant excepted defendant in error defendant's delivering the opinion demurrer dismiss dollars entitled Ex'ors of Everett execution executors fendant filed fraud Georgia grant ground guardian Houston county issue James John Jones Judgment affirmed Judgment reversed jury found Lee county levy lien lot of land Macon Macon county marriage mortgage motion Muscogee county negroes objection paid parties payment plaintiff in error possession purchase Randolph county read in evidence Sapp Schley county Semmes Sheriff sold statute sued suit Sumter county Superior Court Taylor testator testimony tion trial Tried before Judge Twiggs county verdict William witness
Popular passages
Page 178 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Page 224 - Such a transaction simply creates the relation of debtor and creditor between the bank and the depositor, and so long as that relation continues and the deposit is not...
Page 257 - The bird that can sing and won't sing must be made to sing, they say,
Page 128 - 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 587 - The influence to vitiate an act must amount to force and coercion destroying free agency, it must not be the influence of affection and attachment; it must not be the mere desire of gratifying the wishes of another, for that would be a very strong ground in support of a testamentary act.
Page 434 - Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Page 587 - must amount to force and coercion destroying free agency; it must not be the influence of affection or attachment; it must not be the mere desire of gratifying the wishes of another, for that would be a very strong ground in support of a testamentary act; further, there must be proof that the act was obtained by this coercion ; by importunity which could not be resisted ; that it was done merely for the sake of peace, so that the motive was tantamount to force and fear.
Page 445 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Page 536 - To HAVE AND TO HOLD, the ^K^ above granted, bargained and described premises, with the appurtenances, unto the said party of the second part, and his heirs and assigns...
Page 502 - The jury returned a verdict for the plaintiff, and the defendant moved for a new trial because of this direction to the jury.