Reports of Cases Argued and Determined in the Court of Appeals of Virginia [1790-1796], Volume 1

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Thomas Nicolson, 1798 - Law reports, digests, etc
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Page 112 - It sometimes happens that a remainder is limited in words which seem to import a contingency, though in fact they mean no more than would have been implied without them, or do not amount to a condition precedent, but only denote the time when the remainder is to vest in possession.
Page 105 - that cases on wills may guide us to general rules of construction; but unless a case cited be in every respect directly in point, and agree in every circumstance, it will have little or no weight with the court, who always look upon the intention of the testator as the polar star to direct them in the construction of wills.
Page 164 - ... bond from such debtor and securities, payable to the creditor, reciting the service of such execution, and the amount of the money or tobacco due thereon...
Page 16 - The rule is perfectly clear, that where there is a deed in writing, it will admit of no contract that is not part of the deed. Whether it adds to, or deducts from, the contract, it is impossible to introduce it on parol evidence.
Page 44 - But there is neither an act of Parliament nor an adjudged case to bind the Court. It was his opinion only, founded probably on the practice of that day, and if that gives a binding rule, we may by going further back, discover a period of time, when the impression was made with the eye tooth. There was some utility in that custom, since the tooth impressed was the man's own, and furnished a test in case of forgery. But both are founded on the usage of the times.
Page 94 - ... favor of the plaintiff. The judgment of the court was as follows: This cause came on to be heard on the transcript of the record, and was argued by counsel; on consideration whereof the court is of opinion, that there is error in the judgment of the Circuit Court in overruling the demurrer to the first plea, so far as the same is pleaded in bar of the first count in the declaration, and that there is error in overruling the demurrer to the second plea; wherefore it is considered by this court,...
Page 92 - The reservation of the rent to the infant was proper, and cannot be likened to the case of a reservation to a stranger: for the inheritance being in the ward, there is a privity between her and the lessee, and therefore there is no doubt of her right to maintain an action of debt, to recover the arrears of rent.
Page 236 - Christianity" had somehow become intimately and explicitly linked with "complexion." The 1705 statute declared That all servants imported and brought into this country, by sea or land, who were not christians in their native country (except Turks and Moors in amity with her majesty, and others that can make due proof of their being free in England, or any other christian country, before they were shipped, in order to transportation hither), shall be accounted and be slaves, and as such be here bought...
Page 120 - Jones with fraud in obtaining his patent, this court is of opinion, that there is no error in the decree, and that it must be affirmed with costs.
Page 104 - ... that if there were no words of limitation, the common law rule must prevail ; by which they tied a gordian knot, which they have since struggled to untie. It would have been better to have cut it at once.

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