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adverse possession affidavit Affirmed alleged amount Appeal from Circuit Appeals of Kentucky appellant appellant's appellee attorney authority bill bond cause of action Cent charge circuit court claim Columbia Lead Company contract contributory negligence corporation Coun county court Court of Appeals damages deed defendant's demurrer dence district entitled error evidence facts favor fendant filed held injury instruction Interpleader issue John Schneider Judge judgment jury Kentucky Lamar county land Law Rep lien Louis ment Missouri Mound City Company negligence Note.—For notice option law owner paid pany party payment pellant person petition plaintiff plaintiff in error pleaded probate court prosecution Public Ownership purchase question Railroad Company Railway reason recover refused remanded sold statute street suit testified testimony Texas thereof tiff tion track tract verdict witness
Page 426 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 38 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 180 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Page 438 - And Ahab spake unto Naboth, saying, Give me thy vineyard, that I may have it for a garden of herbs, because it is near unto my house : and I will give thee for it a better vineyard than it ; or, if it seem good to thee, I will give thee the worth of it in money.
Page 237 - Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment...
Page 217 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised.
Page 423 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 38 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Page 38 - That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.