The Southeastern Reporter, Volume 21West Publishing Company, 1895 - Law reports, digests, etc |
From inside the book
Results 1-5 of 82
Page 59
... mortgage on property brought to sale under a general judgment junior to the mortgage could not , without the consent of the mortgagor and the plaintiff in execution , cause the entire estate to be sold , and afterwards claim the fund in ...
... mortgage on property brought to sale under a general judgment junior to the mortgage could not , without the consent of the mortgagor and the plaintiff in execution , cause the entire estate to be sold , and afterwards claim the fund in ...
Page 63
... mortgage on property brought to sale under a general judgment junior to the mortgage could not , without the consent of the mortgagor and the plaintiff in execution , cause the entire estate to be sold , and afterwards claim the fund in ...
... mortgage on property brought to sale under a general judgment junior to the mortgage could not , without the consent of the mortgagor and the plaintiff in execution , cause the entire estate to be sold , and afterwards claim the fund in ...
Page 109
... mortgage deed executed by the defendant , J. B. McGowan , to one W. H. Cox , wherein the land conveyed is describ- ed as " a certain tract of land in the county of Pitt , bounded on the north by the land of S. F. Worthington , on the ...
... mortgage deed executed by the defendant , J. B. McGowan , to one W. H. Cox , wherein the land conveyed is describ- ed as " a certain tract of land in the county of Pitt , bounded on the north by the land of S. F. Worthington , on the ...
Page 111
... mortgage lien on the property , and , if such curtesy interest was not sufficient to satisfy the mortgage , that the balance be paid out of the amount due R. M. Free- man , Jr. , petitioner R. M. Freeman appeals . Reversed . Aycock ...
... mortgage lien on the property , and , if such curtesy interest was not sufficient to satisfy the mortgage , that the balance be paid out of the amount due R. M. Free- man , Jr. , petitioner R. M. Freeman appeals . Reversed . Aycock ...
Page 112
... mortgage this land to him for the purpose of aiding him in cultivating a crop for the year 1891 , and in pursuance of power of sale con- tained in this mortgage , sold the land to one David J. Ezzell , and made deed to him . ( 10 ) That ...
... mortgage this land to him for the purpose of aiding him in cultivating a crop for the year 1891 , and in pursuance of power of sale con- tained in this mortgage , sold the land to one David J. Ezzell , and made deed to him . ( 10 ) That ...
Contents
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Other editions - View all
Common terms and phrases
Adam Green affidavit affirmed aforesaid after-discovered evidence agent alleged amendment amount assignment attorney bank bond brings error cause of action charge circuit court circuit judge claim clerk Code complaint contract conveyed coun counsel court erred court of equity Court of Georgia creditors debt deceased declaration decree deed defendant in error defendant's demurrer dence entitled Error from superior evidence exception execution executors fact fendant filed fraud grant ground heirs issue judgment jury land Lee grant liability lien ment mortgage motion negligence North Carolina Oak Hill place overruled paid parties payment person plaintiff in error pleas possession purchase question Railroad Company record recover refused rendered rule sold statute superior court Supreme Court sustained Syllabus term testator testified testimony thereof tiff tion tract trial verdict W. R. Co wife William Knobeloch witness
Popular passages
Page 372 - ... as to the interest of the mortgagee, [or trustee] only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 289 - In such action the court may, by its judgment, direct the sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of court, and the expenses of the...
Page 339 - The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and, in legal presumption, the compensation is adjusted accordingly.
Page 328 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 351 - To have and to hold the said tract or parcel of land with its appurtenances to the said George Waid, Sr., and his heirs forever.
Page 10 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 339 - And we are not aware of any principle which should except the perils arising from the carelessness and negligence of those who are in the same employment.
Page 115 - That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation...
Page 355 - Any employee who goes on strike contrary to the provisions of this act shall be liable to a fine of not less than $10 nor more than $50 for each day or part of a day that such employee is on strike...
Page 266 - ... is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say.