Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 35

Front Cover

Selected pages

Other editions - View all

Common terms and phrases

Popular passages

Page 698 - a widow, after the death of her husband, incontinent, and without any difficulty, shall have her marriage, and her inheritance, and shall give nothing for her dower, her marriage or her inheritance, which her husband and she held the day of the death of her husband...
Page 125 - The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States...
Page 740 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed, in the presence of the said devisor, by three or four credible witnesses, or else they shall be utterly void, and of none effect.
Page 125 - supervision and control," vested in the Commissioner, acting under the direction of the President, is too manifest to require comment, further than to say that the facts found in this record show that nothing is more easily done than apparently to establish by ex parte affidavits, cultivation and possession of particular quarter sections of land when the fact is untrue.
Page 388 - When we say that a man attempted to do a given wrong, we mean that he intended to do specifically it, and proceeded a certain way in the doing. The intent in the mind covers the thing in full; the act covers it only in part.
Page 427 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations.
Page 425 - An indictment is a written accusation of one or more persons of a crime or misdemeanor, preferred to, and presented upon oath by, a grand jury.
Page 740 - No will is effectual (except nuncupative wills, by which only five hundred dollars' worth of personal property can be bequeathed) unless the same is in writing (if properly executed, a typewritten, will would undoubtedly hold), signed by the testator, or some person in his presence, and by his direction, and attested by at least two witnesses, who must subscribe their names thereto in the presence of the testator.
Page 465 - there be two sorts of ambiguities of words ; the one is ambiguitas patens, and the other' latens. Patens is that which appears to be ambiguous upon the deed or instrument ; latens is that which seemeth certain and without ambiguity, for anything that appeareth upon the deed or instrument ; but there is some collateral matter out of the deed that breedeth the ambiguity.
Page 10 - In witness whereof the Said William Hauser, Emanuel Hauser, Elisha Harper & his wife Mary & Alexander Hauser have hereunto Set their hands and affixed their Seals the day and year first above written.

Bibliographic information