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Abandonment to Ejectment action adverse possession agreement Alabama &c assignment Bank bill bona fide purchaser cestui que trust charge chase claim Code comprises topics Abandonment contract conv convey conveyance cotton County court court of equity covenants creditor Criminal Law damages Davis debt debtor decree defendant demurrer devise Digest.—Vol Election of Remedies enforce entitled equity evidence execution executor fact fraud Freem ft pur grantor heirs held husband Illinois Cent instruction interest judgm judgment jury land Landlord and Tenant legal title legatee liable Lumber ment mortgage notice officially reported owner paid parol party payment plaintiff plead possession probate proof purchase money Remedies to Justices replevin rescission resulting trust slaves sold statute statute of frauds Table refers testator testimony tion title bond topic and section trespass trial trover usury vendee vendor vendor's lien verdict warranty wife witn Yazoo &c
Page 175 - The marshals and their deputies shall have, in each State, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such State may have, by law, in executing the laws thereof.
Page 83 - That the marshals of the several districts, and their deputies, shall have the same powers in executing the laws of the United States, as sheriffs and their deputies, in the several states, have by law, in executing the laws of the respective states.
Page 177 - Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or exhibiting the Information, or on an impossible Day, or on a Day that never happened...
Page 208 - The probate is, however, merely operative as the authenticated evidence, and not at all as the foundation, of the executor's title ; for he derives all his interest from the will itself, and the property of the deceased vests in him from the moment of the testator's death.
Page 223 - If the language of the particular clause or of the whole will shows that the act on which the estate depends must be performed before the estate can vest, the condition is, uf course, precedent; and unless it be performed the devisee can take nothing.
Page 191 - In determining whether an instrument be a deed or will, the main question Is: Did the maker Intend any estate or Interest whatever to vest before his death and upon the execution of the paper? Or, on the other hand, did he Intend that all the interest and estate should take effect only after his death? If the former, It Is a deed : If the latter, a will. And it is immaterial whether he calls it a will or a deed. The Instrument will have operation according to its legal effect.
Page 124 - And, generally, it may be stated as a rule on this subject, that where a purchaser cannot make out a title but by a deed, which leads him to another fact, he shall be presumed to have knowledge of that fact.
Page 94 - By the Mississippi Code, 1871, § 2279, the legal rate of interest is fixed, in the absence of contract, at six per cent, per annum ; " but contracts may be made in writing for the payment of a rate of interest as great as ten per cent. per annum. And if a greater rate of interest than ten per cent, shall be stipulated for in any case, such excess shall be forfeited on the plea of the party to be charged therewith.
Page 191 - in determining whether an instrument be a deed or will, the main question is, did the maker intend to convey any estate or interest whatever, to vest before his death, and upon the execution of the paper? Or, on the other hand, did he intend that all the interest and estate should take effect only after his death ? If the former, it is a deed, if the latter a will...