Reports of Cases in Equity: Argued and Determined in the Court of Appeals and Court of Errors of South Carolina ... : December, 1844, to [May, 1846; November, 1850, to May, 1868] ...A.S. Johnston, 1845 - Equity |
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Common terms and phrases
action administrator alleged appear applied arrest assignment assumpsit attachment attorney authority Bail bank bill bond BUTLER Carroll charge Charleston cited claim commissioner common law concurred confession of judgment contract Court of Equity creditor Curia debt decided decision deed defendant appealed defendant's discharge entitled EVANS evidence execution executor fact Fall Term fendant garnishee grant ground guardian held indictment indorser insolvent intention intestate issue J. J. EVANS John John Gruber judgment jurisdiction jury land levy liable lien ment motion Nancy Calhoun negroes non-suit North Carolina Norwood notice nulla bona O'NEALL offence paid parties payment person plaintiff plat plea possession presiding judge principle proceedings promise proof proved purchaser question received recover referred RICHARDSON road rule sheriff shew slaves Spring Term Stat statute of frauds sufficient surety testator tion tract trespass trial trustee undue preference verdict void warrant witness writ
Popular passages
Page 205 - That the said enactments shall extend to all contracts for the sale of goods of the Value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made procured or provided...
Page 286 - States," and shall so continue until the third day of March, in the year one thousand eight hundred and thirty-six, and by that name shall be, and are hereby, made able and capable, in law, to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of...
Page 451 - Aqua currit et debet currere' is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment...
Page 530 - And all the rest and residue of the " said goods, chattels, and credits which shall be found
Page 175 - ... heirs or assigns, or of any other person or persons lawfully claiming or to claim the same...
Page 264 - States; and such discharge and certificate, when duly granted, shall in all courts of justice be deemed a full and complete discharge of all debts, contracts and other engagements of such bankrupt which are provable under this act, and shall be and may be pleaded as a full and complete bar to all suits brought in any court of judicature whatever...
Page 376 - ... and the same shall be conclusive evidence of itself in favor of such bankrupt, unless the same shall be impeached for some fraud or wilful concealment by him of his property or rights of property, as aforesaid, contrary to the provisions of this act, on prior reasonable notice specifying in writing such fraud or concealment; and if.
Page 264 - Bail, [and may plead in general that the Cause of Action accrued before he became bankrupt, and may give this Act and the special Matter in Evidence: and such Bankrupt's Certificate and the Allowance thereof shall be sufficient Evidence of the Trading, Bankruptcy, Commission, and other Proceedings precedent to the obtaining such Certificate...
Page 113 - But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have.
Page 177 - They establish in the most satisfactory and conclusive manner; that cases of charities, where there were trustees appointed for general and indefinite charities, as well as for specific charities, were familiarly known to and acted upon and enforced in the Court of Chancery.