Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 6; Volume 45 |
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Common terms and phrases
25 cents acres action administrator alledged allowed Alsop & Schwing amount answer appears assigned assumpsit Athey Aulick authorized bond cause remanded Chancellor CHANCERY charge CHIEF JUSTICE EWING choses in action Circuit Court claim Clerk Commonwealth complainants contract conveyance County Court Court of Equity creditors cree cross bill DARCUS debt declaration decree deed deed of trust defendant delivered the opinion demand demurrer detinue devisees entitled equity evidence execution executor fact favor filed fraud fraudulent ground HARRODSBURG heirs interest issued John JUDGE MARSHALL delivered judgment jurisdiction jury JUSTICE EWING delivered Kable land legal title liable lien ment mortgage paid parties patent payment persons plaintiff plea possession proceedings proof purchase question record regard rendered replevin reversed Rodes Sheriff Sheriff's deed slaves sold Stat statute suit sureties testator tion tract trial trust usury verdict Vimont Wickliffe wife writ of error
Popular passages
Page 108 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 138 - appear,' or 'appearing,' is one of frequent use in Judicial proceedings (and Is sometimes used in statutes referring to them) as meaning 'clear to the comprehension...
Page 348 - When the verdict can be fairly considered as establishing between the parties the very fact which should have been but is not precisely averred in the declaration, and especially when it clearly appears that the particular fact was understood by the parties to be the point in issue to be decided by the jury, it would be unnecessary for the ends of justice, and would be more than useless to remand the case that it should again be presented for the consideration of the jury^.
Page 545 - ... to prosecute the suit with effect, and without delay, and to return the property, in case it shall be so awarded, and to pay all such damages as may be assessed against the plaintiff, and the costs of the suit...
Page 127 - It is not a case of cumulative or additional power or right or remedy. Nor does it come within the rule that a subsequent affirmative statute does not repeal a previous one, which can only apply where both statutes can have effect.
Page 21 - JS, certain persons, as well men as women, of evil name and fame, and of dishonest conversation, then and on the said other days and times, there, unlawfully and willingly did cause and procure to frequent and come together ; and the said men and women, in the said house of...
Page 91 - The decree dismissing the bill is reversed, and the cause remanded, with directions to sustain the exceptions to Lindsey's answer, and for further proceedings.
Page 573 - Northern ; and an instruction to the jury to that effect would not have been improper. The judgment is reversed and the cause remanded for a new trial in conformity with this opinion.
Page 73 - ... indulged that the vendor intended to surrender his lien, more than that he intended to surrender his debt. By any fair interpretation of the transaction, it must be understood that the parties intended by the surrender and cancelment of the check, and the execution of a note for the amount, antedating the same to the date of the check, that their rights should stand as if the check had not been given. What had been done, was undone before payment in fact had been consummated on the check. It...
Page 128 - Unless the petition shows upon its face a case for the jurisdiction of the chancellor, the proceedings cannot operate as a Us pendens, even from the date of the service of process, so as to affect the property sought to be subjected, or to overreach a subsequent sale or other disposition of it.