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acres action Affirmed alleged Appeal from superior appellee assignment attorney authority bank bill bond Braxton county Carolina cause certiorari Chappell Chappell's charge circuit court circuit judge claim clerk Code complaint contract conveyed counsel court of equity Court of North creditors damages David Hickman debt deceased decree deed deed of trust defendant defendant's demurrer entitled equity evidence execution fact fee simple fendant filed ground heirs held homestead issue Jones judgment jurisdiction jury Kanawha county lien March 20 ment mortgage motion negligence North Carolina notice overruled paid parties payment person plain plaintiff in error pleas possession question Railroad rule sheriff sold statute statute of limitations suit superior court Supreme Court taxes testator testified testimony thereof tiff tion tract of land Trent trial justice trust verdict void witness writ
Page 351 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Page 157 - ... nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 410 - The court instructs the jury that if they find from the evidence that the plaintiff...
Page 355 - Such service may also be sufficient in cases where the object of the action is to reach and dispose of property in the State or of some interest therein, by enforcing a contract or a lien respecting the same, or to partition it among different owners, or, when the public is a party, to condemn and appropriate it for a public purpose. In other words, such service may answer in all actions which are substantially proceedings in rem.
Page 424 - Carthagena aforesaid, as it was lawful for him to do, for the cause aforesaid ; which are the same...
Page 326 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 351 - On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will can be made.
Page 423 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 450 - The present capacity of taking effect in possession, If the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited In remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 22 - Railroad companies are common carriers and liable as such. As such companies necessarily have many employes who can not possibly control those who should exercise care and diligence in the running of trains, such companies shall be liable to such employes as to. passengers for injuries arising from the want of such care and diligence.