Decisions in Equity: Being Selected Cases Decided in the Courts of the First Chancery District of Arkansas During the Years 1895-1900 (inclusive)1901 - Equity - 620 pages |
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Common terms and phrases
action alleged Arkansas authority bond Braddock Buchanan BUILDING ASSOCIATION cause chancery circuit court city of Little claim common law complaint consent consideration Constitution construction contract conveyance conveyed corporation costs court of chancery court of equity covenant cross bill damages debt declared decree deed defendant divorce doctrine Dotter Dunlop duty EDGERTON enforce entitled evidence execution fact favor feme covert filed Fitzgerald franchise fraud GILL grant guardian heirs Hill's Digest homestead husband infants injunction intent interest interpleader jurisdiction Justice land lease letters testamentary lien Little Rock marriage ment mistake of fact mortgage ordinance owner paid Parker & Cates parties payment person plaintiff principles privileges proper PULASKI COUNTY purchase money purpose railroad realty reason resulting trust road Robbins Rose rule Sandels & Hill's says SCHMIDT secure statute street railway suit Supreme Court sureties tion usury Wallace warranty Water Company wife
Popular passages
Page 307 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 120 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made; anything hereinbefore contained to the contrary notwithstanding.
Page 358 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from Justice exceptcd, shall be entitled to all privileges and immunities of free citizens in the several states...
Page 260 - No railroad, canal or other corporation, or the lessees, purchasers, or managers of any railroad or canal corporation, shall consolidate the stock, property, or franchises of such corporation with, or lease or purchase the works, or franchises of, or in any way control any other railroad or canal corporation, owning or having under its control, a parallel or competing line...
Page 5 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Page 225 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 356 - A monopoly is an institution, or allowance by the king by his grant, commission, or otherwise to any person or persons, bodies politic or corporate, of or for the sole buying, selling, making, working, or using of anything, whereby any person or persons, bodies politic or corporate, are sought to be restrained of any freedom or liberty that they had before, or hindered in their lawful trade.
Page 358 - Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively...
Page 155 - It is true that a statute, containing a prohibition and a penalty, makes the act which it punishes unlawful, and the same may be implied from a penalty without a prohibition ; but it does not follow that the unlawfulness of the act was meant by the legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred, a contract in contravention of it is void.
Page 38 - If any person shall convey any real estate by conveyance purporting to convey the same in fee simple absolute, and shall not at the time of such conveyance have the legal estate in such real...