Reports of Cases in Equity Argued and Deternined [sic] in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1863], Both Inclusive, Band 3


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Seite 288 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Seite 261 - If an alien could acquire a permanent property in lands, he must owe an allegiance, equally permanent with that property, to the king of England, which would probably be inconsistent with that which he owes to his own natural liege lord: besides that thereby the nation might in time be subject to foreign influence, and feel many other inconveniences.
Seite 179 - The injury must be of a peculiar nature, so that compensation in money cannot atone for it; where, from its nature, it may be thus atoned for, if in the particular case the party be insolvent, and on that account unable to atone for it, it will be considered irreparable.
Seite 266 - But, when these dotations began to grow numerous, it was observed that the feodal services, ordained for the defence of the kingdom, were every day visibly withdrawn; that the circulation of landed property from man to man began to stagnate ; and that the lords were curtailed of the fruits of their seigniories, their escheats, wardships, reliefs, and the like...
Seite 182 - Price, the defendant in error, from removing certain fruit trees growing in a nursery, and certain ornamental shrubbery, from a tract of land sold by the latter to the former. Price answered (the oath to his answer having been waived), and on the coming in of the answer a motion was made to dissolve the injunction. A replication was filed and the case seems to have been irregularly set down for final hearing at the same time with hearing the motion to dissolve, and to have been finally disposed of...
Seite 224 - The difficulty in such cases arises from the testator having applied terms of contingency to an event of all others the most certain and inevitable, and to satisfy which terms it is necessary to connect with death some circumstance in association with which it is contingent; that circumstances naturally is the time of its Truett v.
Seite 198 - ... a Superior Court of Law, and to hear and determine all cases in equity, brought before it by appeal from a Court of Equity, or removed there by the parlies thereto.
Seite 179 - irreparable," pointed at by this example, is not that which has been adopted by the courts either in England or in this state. Grass that is cut down cannot be made to grow again; but the injury can be adequately atoned for in money.
Seite 117 - In hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell...
Seite 85 - Eq. 84] , and is, in fact, a familiar principle, that where there is a contract for the sale of land, the vendee is considered in Equity as the owner, and the vendor retains the title as a security for the purchase-money.

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