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admitted adverse possession Affirmed aforesaid alleged allowed amended amount answer appeal ASHEVILLE Askew assigned cause of action charge cited Civil action claim Clerk Clodfelter Colvert complaint contract counsel County court of equity creditors criminal damages debt deceased deed defendant's demurrer dollars dower entry and grant equity error evidence execution executors facts feme covert Flaum fraud Giles guilty held husband indictment indorsement instruction intent issue John Sudderth Jones Judge judgment debtor jurisdiction jury Justice land larceny liability McDowell Mecklenburg County ment Merrimon MOFFITT mortgage motion objection offence old firm opinion overruled owner paid parties payee payment person petition plaintiff pleadings possession prisoner proceeding provisions referee Register of Deeds rendered rule separate estate statute of limitations statute The Code sufficient Superior Court sustained testified testimony therein thereof tiff tion tract treaty of Holston trial verdict void Wallace wife witness
Page 38 - ... or made such devise legacy estate interest gift or appointment shall so far only as concerns such person attesting the execution of such will or the wife or husband of such person or any person claiming under such person or wife or husband be utterly null and void...
Page 358 - Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.
Page 161 - For relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud...
Page 246 - If an injury has resulted In consequence of a certain wrongful act or omission, but only through or by means of some Intervening cause, from which last cause the injury followed as a direct and Immediate consequence, the law will refer the damage to the last or proximate cause, and refuse to trace It to that which was more remote.
Page 159 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 173 - ... /The obligation of a contract consists in its binding force on the party who makes it. / This depends on the laws in existence when it is made ; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them by the one party, and the right acquired by the other.
Page 425 - This indeed is not very definite ; but larceny, as far as respects the intent with which it is committed, (and the intent here is a material ingredient in the offence), may perhaps correctly be defined thus : Where a man knowingly takes and carries away the goods of another, without any claim or pretence of right, with intent wholly to deprive the owner of them, and to appropriate or convert them to his own use.
Page 21 - All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the consideration therefor, and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or of any part or share thereof, shall be absolutely null and void...
Page 274 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention.
Page 423 - ... the fact, denies it ; but this is by no means the only criterion of criminality, for in cases that may amount to larceny, the variety of circumstances is so great, and the complications thereof so mingled, that it is impossible to recount all those which may evidence a felonious intent, or animum furandi ; wherefore they must be left to the due and attentive consideration of the Court and Jury.