The Encyclopedic Digest of Virginia and West Virginia Reports: Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports, Volume 5Thomas Johnson Michie Michie Company, 1906 - Law reports, digests, etc |
Common terms and phrases
18 Gratt 24 Gratt 31 Gratt action admin alleged appear appellate court assets ballot bill of exceptions bond charged choses in action claim Code commissioner contract conveyance conveyed county court court of equity creditor death debt due debtor decedent decedent's decree deed defendant dence devisees distributees election eminent domain entitled error estate tail estopped estoppel evidence execution executor executor or administrator facias fact fee simple fee tail fieri facias filed fraud grant grantor heirs held intestate issue judge judgment jury land legatees Leigh levy liable lien mandamus ment ministrator Munf non est factum notice obligor Ohio River owner paid party payment personal representative plaintiff possession proof purchaser railroad Rand real estate record rule settlement sheriff sold statute suit sureties tate tenant testator's thereof tion trial trust verdict vote West Virginia writ
Popular passages
Page 229 - Equitable estoppel is the effect of the voluntary conduct of a party, whereby he is absolutely precluded, both at law and in equity, from asserting rights which might perhaps have otherwise existed, either of property, of contract, or of remedy, as against another person who has in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Page 299 - evidence,' In legal acceptation, Includes all the means by which any alleged matter of fact, the truth of which Is submitted to Investigation, Is established or disproved.
Page 230 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 92 - Exceptional circumstances will modify the most carefully guarded rule ; but, as a general thing, we should say that the compensation to the owner is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.
Page 234 - ... that the other party was not only destitute of all knowledge of the true state of the title, but of the means of acquiring such knowledge ; and, fourth, that he relied directly upon such admission, and will be injured by allowing its truth to be disproved.
Page 301 - The rule that the evidence must correspond with the allegations and be confined to the point in issue excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference as to the principal fact or matter in dispute.
Page 233 - ... (1) There must have been a false representation, or a concealment of material facts; (2) the representation must have been made with knowledge of the facts; (3) the party to whom it was made, must have been ignorant of the truth of the matter; (4) it must have been made with the intention that the other party should act upon it; (5) the other party must have been induced to act upon it.
Page 254 - The true doctrine on this subject is, that where a purchaser has knowledge of any fact sufficient to put him on inquiry as to the existence of some right or title in conflict with that he is about to purchase...
Page 457 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this state, shall be considered personal property, and shall be liable to execution, and sale, in the same manner as the personal property of individuals, and the legislature shall pass no law exempting any such property from execution and sale.
Page 234 - The conduct must be relied upon by the other party, and, thus relying, he must be led to act upon it; and (6) He must in fact act upon it in such a manner as to change his position for the worse...