Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Volume 3Printed at the Republican and Gazette Office, Hall and Heiskell, State Printers, 1833 - Law reports, digests, etc |
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee Tennessee Supreme Court No preview available - 2019 |
Common terms and phrases
acres act of assembly administrator affirmed agreement alleged appeal assignment August authority bailment bill bond Burum Campbell CATRON cause cestui que trust chancery charged circuit court claim commissioners complainant contract conveyance conveyed county court court of equity creditors Davidson county debt decree deed defendant delivered the opinion detinue dollars Donelson endorser entitled entry evidence execution executor fact filed Fletcher fraud grant heirs insisted intestate issued JACKSON John John Catron John Thurmond JONESBORO judge judgment jurisdiction jury land legal title levy lien March Martin Armstrong ment mill NASHVILLE negroes Newnan Nichols notice paid party payment person plaintiff in error plea pleaded possession probate promise proof proved purchase record registered says scire facias sell sheriff sold SPARTA statute of limitations Stump sued suit Taul taxes Tennessee testator tion tract Trimble vested void warrants witnesses writ Yerger's Rep
Popular passages
Page 329 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 329 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 329 - ... is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized, (c) This statute is copied, with but one variation, from 29 Car., 2, c.
Page 140 - A delivery of goods In trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods restored by the bailee as soon as the purposes of the bailment shall be answered.
Page 519 - I have, therefore, no hesitation in saying that, in a case where there is a concurrent jurisdiction in the courts of common law and equity, the rule must be the same, and the statute of limitations may be pleaded with the same effect, in the one court as in the other In cases of trust and fraud, — peculiarly, appropriately, and exclusively the objects of equity jurisdiction, — according to the established doctrine, the statute cannot be pleaded.
Page 319 - It is a cardinal rule of statutory construction that significance and effect shall, if possible, be accorded to every word. As early as in Bacon's Abridgment, sect. 2, it was said that 'a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.
Page 183 - He who sells property on a description given by himself, is bound to make good that description ; and if it be untrue in a material point, although the variance be occasioned by a mistake, must still remain liable for that variance.
Page 99 - ... by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part.
Page 1 - Defendant by protestation not confessing or acknowledging all or any of the matters and things in the said...