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acres adverse possession affirmed agent agreed alimony alleged amount appellant appellant's appellee assignment attorney bonds cause of action charge circuit court Civil Appeals claim contract conveyed Court of Civil damages deceased decree deed of trust defendant defendant's demurrer Digests and Indexes El Paso error evidence executed facts fendant filed Haskell county held Houston Bank injury instruction issue Judge judgment jury Key-Numbered Digests land lease Lumber ment Missouri mortgage motion negligence opinion overruled paid parties Partney payment pellant petition Piatt plaintiff plaintiff in error pleaded purchase question quitclaim deed railroad reason record refused Rehearing remanded rendered road rule statute sufficient suit testator testified testimony thereof tiff tion topic and KEY-NUMBER tract trial court Trinity county verdict warranty deed wife witness writ
Page 192 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 21 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 263 - The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each County, in Justices of the Peace, and in such other courts as the Legislature may, from time to time, establish.
Page 448 - ... which render it unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Page 16 - Lots in incorporated cities or towns, or within one mile of the limits of any such city or town, to the extent of one acre, and lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, may be exempted from taxation, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable...
Page 446 - To constitute the coercion or duress which will be regarded as sufficient to make the payment involuntary, * * * there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Page 315 - If any person, who shall have resided in this state, go from and do not return to the state for seven years successively, he shall be presumed to be dead, in any case wherein his death shall come in question, unless proof be made that he was alive within that time.
Page 2 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Page 182 - ... that no such service shall be valid or binding against any such society when it is required thereunder to file its answer, pleading or defense in less than thirty days from the date of mailing the copy of such service to such society.
Page 264 - A Police Court may be established in each city and town in this State, with jurisdiction in cases of violation of municipal ordinances and by-laws occurring within the corporate limits of the city or town in which it is established, and such criminal jurisdiction within the said limits as Justices of the Peace have.