TitleCitationYearSummaryMost RelevantTypeStatus
McDonald v. Aubert 17 La. 448, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the second district, for the parish of Lafourche Interior, the judge thereof presiding. This case commenced by an order of seizure and sale, for the payment of $3,864; being the balance of a note given by the defendant in part payment of a sugar plantation, having eight arpents front on the Bayou Lafourche, with the depth...   Cases  
McLaurin v. Wright 2 Ired.Eq. 94, Supreme Court of North Carolina (December 01, 1841) 1841 To turn an absolute deed into a mortgage, the price must be grossly inadequate. But where the difference between the price given and the value of the property as estimated by witnesses is only such as may often arise in actual sales, a Court of Equity will not be authorized to declare a deed, absolute on its face, to be only a mortgage or security...   Cases  
Meador v. Sorsby 2 Ala. 712, Supreme Court of Alabama (June 01, 1841) 1841 1. The principal question involved in this case is, that which relates to the power of the defendants to sell the lands, which were the subject of the contract sought to be rescinded, either under the will of their testator, or under the order of the County Court. The order of the County Court is not very much relied on; nor can it be, for it...   Cases  
Melancon v. Robichaux 17 La. 97, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the second district, for the parish of Lafourche Interior, the judge of the fourth district presiding. This is an action for the rescission of a sale of a flatboat, fitted up to be used as a floating ball-room, on the Bayou Lafourche and the Mississippi River. The plaintiff alleges that he contracted with the defendant for...   Cases  
Merrill v. Jones 2 Ala. 192, Supreme Court of Alabama (January 01, 1841) 1841 1. In all proceedings for the final settlement of a solvent estate before the county Court, though the administrator may be cited by any one of the distributees, the parties to the final decree must necessarily be the administrator, on the one side, and the distributees on the other. 2. The distributees named in the judgment of the county Court,...   Cases  
Middleton v. Atkins 7 Mo. 184, Supreme Court of Missouri (September 01, 1841) 1841 Middleton sued the defendants by petition in debt. The petition is in these words, viz: Reuben Middleton, the plaintiff, states that he is the legal owner of a note against the defendants, Joseph Atkins, John A. White, Mark McCausland, and Mathew M. Hughes, to the following effect: One day after date, we promise to pay George W. Burnett &...   Cases  
Miller v. Bingham 1 Ired.Eq. 423, Supreme Court of North Carolina (June 01, 1841) 1841 An express trust is not, as was formerly held, a chose in action, but in equity is considered a present interest, an estate in possession. Therefore, where such a trust is in a feme, in personal property, and she marries, the whole interest of the wife vests in her husband immediately and absolutely, and on his death, before his wife, belongs to...   Cases  
Miller v. Lelen 19 La. 331, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth district, for the parish of St. Martin, the judge thereof presiding. This is an action of trespass, claiming damages for injury done to the plaintiff's inclosures and property. He alleges that the defendant has illegally, wrongfully and repeatedly pulled down his fences, and turned in his cattle on the pastures of...   Cases  
Mitchell v. Evans 5 Howard 548, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 An execution issuing on a judgment which has not been regularly revived is not absolutely void, but only voidable. A purchaser at a sheriff's sale, under an execution which is only irregular, or voidable, will be protected.   Cases  
Moffatt v. Murray 18 La. 357, Supreme Court of Louisiana (May 01, 1841) 1841 Appeal from the court of the first judicial district. This is an action by the holder against one of the makers and indorser of a promissory note signed by Murray & Cassidy, payable to the order of and indorsed by Eusebe Belot. Belot admitted his indorsement, but denied his liability, or that the plaintiff was the bona fide holder of said note. He...   Cases  
Montilly v. His Creditors 18 La. 383, Supreme Court of Louisiana (May 01, 1841) 1841 Appeal from the court of the first judicial district. This case comes up on an opposition to the bilan and petition of the plaintiff, making a voluntary surrender of his property to his creditors, and praying for the benefit of the insolvent laws. The opposing creditor, Louis Léfebvre, charges the insolvent with making a transfer of certain...   Cases  
Moore v. Hilton 12 Leigh 1, Supreme Court of Appeals of Virginia (February 01, 1841) 1841 (Absent Brooke, J.) Upon the construction of the statute of March 1826, Supp. to Rev. Code, ch. 103. § 9. HELD, that after an interlocutory decree upon a hearing, deciding the questions of fact in issue between the parties, neither party has an absolute right to introduce new evidence touching the questions so decided; the introduction of such...   Cases  
Moore v. Reed 1 Ired. 418, Supreme Court of North Carolina (June 01, 1841) 1841 The bill is to set aside and cancel a contract, made with Anselm and John Reed, for the purchase of a stock of goods and of a term in a store house, at the price of $2300, but, as the plaintiff says, actually worth but $1263. The plaintiff states that he is an illiterate man, and that, at the time the supposed contract was entered into by him, he...   Cases  
Moore's Heirs v. Ridgeway 1 B.Mon. 234, Court of Appeals of Kentucky (May 01, 1841) 1841 Executors. Qualifications of Executors. Trusts. Conveyances. APPEAL FROM THE HENRY CIRCUIT. The case stated. THIS is action of ejectment, on the demise of the heirs of James Francis Moore, deceased, against Samuel Ridgeway and others, in which, verdict and judgment having been rendered against the lessors, the only question presented for revision...   Cases  
Murray v. South Carolina R. Co. 1 McMul. 385, Court of Appeals of Law of South Carolina (February 01, 1841) 1841 The Rail Road Company are not liable to one of their agents for an injury arising from the negligence of another agent.   Cases  
Nantz v. Wyatt 1 Rob. (LA) 10, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the District Court for Ouachita, Boyce, J.   Cases  
Nash v. Benedict 25 Wend. 645 (January 01, 1841) 1841 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Nelson v. Botts 16 La. 596, Supreme Court of Louisiana (January 01, 1841) 1841 APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Newlin v. Freeman 1 Ired. 514, Supreme Court of North Carolina (June 01, 1841) 1841 We are of opinion that none of the exceptions, urged by either of the parties to the judgment below, can be sustained, and that the law has been fairly expounded and correctly administered upon the trial. The instrument upon which the issue was made up could not be found a will of lands, because the supposed testatrix was a married woman, and...   Cases  
Oden v. Stubblefield 2 Ala. 684, Supreme Court of Alabama (June 01, 1841) 1841 The second section of the statute of frauds, among other things, enacts, that a deed conveying goods and chattels only, shall be acknowledged and proved by one or more witnesses in the Superior Court, or County Court wherein one of the parties lives, within twelve months after the execution thereof; or unless possession shall really and bona fide...   Cases  
O'Hara v. U.S. 40 U.S. 275, Supreme Court of the United States (January 01, 1841) 1841 APPEAL from the Superior Court of East Florida. In the superior court of East Florida, Oliver O'Hara, for himself and for the other heirs of Daniel O'Hara, presented a petition, praying for the confirmation of a grant of 15,000 acres of land, made by Henry White, then the Spanish governor of East Florida, on the 5th of September 1803, to Daniel...   Cases  
Oliver v. Stevens 1 Rob. (LA) 86, Supreme Court of Louisiana (October 01, 1841) 1841 Action before the District Court of Catahoula, King, J., by Peter G. Oliver, James Woodburn, John V. Robertson, and Sarah Schilling, administratrix of John Warfield, and tutrix of his minor heirs, against James H. Stevens, sheriff of the Parish of Catahoula, and Joseph H. D. Bowmar, to enjoin an execution issued on a twelve months' bond, executed...   Cases  
Owen v. Sharp 12 Leigh 427, Supreme Court of Appeals of Virginia (November 01, 1841) 1841 With every disposition to deprive the appellant, the fraudulent donee, of the fruits of his iniquity, it seems to me, that the repeated decisions of this court, the principles which regulate courts of equity, and considerations of public policy, preclude us from giving relief in this case. A fraudulent conveyance, though void as to creditors, is...   Cases  
Owens v. Hodges 1 McMul. 106, Court of Appeals of Law of South Carolina (February 01, 1841) 1841 Where a party to a contract stipulates to perform one or more things, and in the event of non performance of any or all of them, agrees to pay a certain sum, the sum agreed to be paid will be regarded as a penalty, and not as liquidated damages. For the non performance of a contract, the party failing shall pay the other for any loss he may have...   Cases  
Paige v. Smith 13 Vt. 251, Supreme Court of Vermont (February 01, 1841) 1841 The only question reserved for the consideration of this court, arises upon the charge of the judge. He was requested, by the plaintiff, to instruct the jury, that if the assault and battery, alleged in the declaration, had been proved, the plaintiff was entitle to a verdict. This necessarily implied that proof of the several matters, contained in...   Cases  
Paris v. Waddell 1 McMul. 358, Court of Appeals of Law of South Carolina (May 01, 1841) 1841 In an action on the case, where the facts as to probable cause are not disputed, a Judge may take upon himself to say what is, and what is not, probable cause. But where the facts are contested, probable cause becomes a mixed question of law and fact, to be decided by the jury, under the instructions of the presiding Judge.   Cases  
Parker v. Hinson 1 Ired.Eq. 381, Supreme Court of North Carolina (June 01, 1841) 1841 The plaintiff in his bill, which was filed on the 2d of March, 1839, charges that the late James Parker, of Wayne county, died on the 16th of March, 1818, leaving the plaintiff, his only child, and a widow, Tabitha Parker, the mother of the plaintiff; that some three or four years before the death of the said James, being perfectly solvent and...   Cases  
Parker's Ex'x v. Gilliam 1 Ired. 545, Supreme Court of North Carolina (June 01, 1841) 1841 There is to be a loss of the wages of the vessel for the period between the day of the wreck and the end of the fishing season; and the question is, on which of these parties it ought to fall. That depends on the legal import and obligation of the stipulation of the plaintiff's testator. In the present state of the case, it is to be assumed, that...   Cases  
Peeples v. Tatum 1 Ired.Eq. 414, Supreme Court of North Carolina (June 01, 1841) 1841 The plaintiff's testator was surety to one Herbert Tatum in a bond for money. The obligors died, and the obligee brought suit on the bond against the representatives of both obligors. The administrators of the principal obligor had their plea of fully administered, found in their favor. Whereupon the plaintiffs, as executors, were forced to pay to...   Cases  
People v. McLeod 1 Hill 377, Supreme Court of Judicature of New York (January 01, 1841) 1841 During the possession of Navy Island, in the Niagara river, in the winter of 1837, by British insurgents, (aided by misguided individuals of this country,) an expedition was fitted out under the direction of the colonial authorities of Canada, for the destruction of a steam boat, which was suspected to have been used in conveying warlike stores to...   Cases  
People v. McLeod 1 Hill 377 (January 01, 1841) 1841 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Perry v. Clarke 5 Howard 495, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 It is the province of the court to determine whether the evidence conduces to prove the issue. When the plaintiff has wholly failed to make out his case, and there is no conflicting testimony, the court may instruct the jury to find for the defendant. Where it appears that justice has been done, and that another trial would not be likely to change...   Cases  
Pigg v. Corder 12 Leigh 69, Supreme Court of Appeals of Virginia (March 01, 1841) 1841 I am of opinion, that the decree in this case should be reversed and the bill dismissed. It is an application for the specific execution of a contract alleged to have been made with the appellee, or with him and his wife, by his mother-in-law mrs. Gray. Judge Carr, in Anthony v. Leftwich, 3 Rand. 245. says, Every bill calling for the...   Cases  
Police Jury of Iberville v. Sherburne 17 La. 342, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the fourth district for the parish of Iberville, the judge of the district presiding. This is an action by the police jury of the parish of Iberville to recover the sum of $3,947 from the defendant, being the balance due of the parish taxes for the year 1837. The plaintiffs show that the defendant, Sherburne, gave bond with...   Cases  
Porter v. Cain McMul.Eq. 81, Court of Appeals of Equity of South Carolina (February 01, 1841) 1841 1. The Court of Chancery will not entertain or sustain a bill for account, or relieve one from the consequences of his own folly; unless fraud, concealment or mistake, is clearly proved. 2. When there has clearly been fraud or mistake, in stating accounts between parties, a complainant will not be bound by his receipt, although it is expressed to...   Cases  
Porter v. Clements 3 Ark. 364, Supreme Court of Arkansas (January 01, 1841) 1841 All exceptions to the general rule, that all persons materially interested in the result of a suit in chancery, must be made parties, are so qualified, that it must be apparent to the court, that by waiting to join all persons interested, the delay and inconvenience would obstruct, and probably defeat, the purposes of justice; and that the rights...   Cases  
Porter v. Kennedy 1 McMul. 354, Court of Appeals of Law of South Carolina (May 01, 1841) 1841 The possession contemplated by the Statute of Limitations, must not only be notorious and definite, at one period, but it must, in some form, be continuous, during the statutory time: that is, it should be definitely used, for some purpose, for ten years. Although possessio pedis does not require actual occupancy, it implies enclosure, and use of...   Cases  
Posey v. Garth 7 Mo. 94, Supreme Court of Missouri (August 01, 1841) 1841 Bird Posey was employed by Dabney Garth, as overseer, for one year, at the price of one hundred and seventy-five dollars; his term of service commenced on the 1st January, 1838, and he continued industriously employed for Garth until some time in April following, when Garth told Posey that he must leave his service, that he had been negligent, and...   Cases  
Powell v. Aiken 18 La. 321, Supreme Court of Louisiana (May 01, 1841) 1841 APPEAL FROM THE COMMERCIAL COURT OF NEW ORLEANS.   Cases  
Powell v. Myers 26 Wend. 591, Court for the Correction of Errors of New York (January 01, 1841) 1841 Common carriers of passengers and their baggage are liable for the latter until its safe delivery to the owner; its delivery upon a forged order will not discharge them. It seems, however, that though the arrival of a steamboat at its place of destination, with the baggage in safety, will not discharge the carrier until its delivery to the owner,...   Cases  
Poydras v. Taylor 18 La. 12, Supreme Court of Louisiana (April 01, 1841) 1841 Appeal from the court of the fourth district for the parish of Pointe Coupée, the judge of the second district presiding. This is an action against the defendant, Taylor, and his vendees and co-defendants Coyle, Falconer, Jontes, Laurans, Hiriart and Sneed, to compel a compliance with the terms and conditions of the will of the late Julien...   Cases  
Puckett v. James 21 Tenn. 565, Supreme Court of Tennessee (December 01, 1841) 1841 David Ledbetter died in 1824, having made a will, in which his wife and E. C. and A. James were named as executor and executrix. At November term of the county court of Rutherford they proved the will, and took upon themselves the burden of its execution. A short time before his death the testator purchased a tract of land from Henry Finger, and...   Cases  
Pulley v. Municipality No. 2 18 La. 278, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the parish court for the parish and city of New Orleans. The plaintiffs allege they are the owners, and have been in the undisturbed possession of six lots, composing a square or islet of ground in the Faubourg Delord, fronting on the river Mississippi and on New Levee, Benjamin and Suzette streets. That the authorities of the...   Cases  
Pumphrey v. Prescott 19 La. 345, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth district for the parish of St. Mary, the judge of the district presiding. The plaintiff obtained an injunction to stay an execution issued on a judgment for $1,745 78, which the defendants had obtained against him, and were proceeding to execute. The only question raised was as to the right of the clerk to indorse...   Cases  
Putnam v. Wise 1 Hill 234, Supreme Court, New York (January 01, 1841) 1841 The owners of a farm agreed with two persons, by contract under seal, that the latter should occupy and work it for a year, and if they performed, then to have it the same way for a year longer; the occupiers agreeing, in consideration thereof, to yield and pay the owners one half of all the grain &c. raised: Held that, until a division, or...   Cases  
Putnam v. Wise 1 Hill 234 (January 01, 1841) 1841 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Raines v. Childress 21 Tenn. 449, Supreme Court of Tennessee (December 01, 1841) 1841 This is a motion, founded upon the act of 1835, ch. 19, sec. 6. against Felix R. Raines, sheriff of Davidson county, for an alleged insufficient return on an execution sued out by the defendant in error, from the circuit court of Davidson county, against Bell, Robinson, Cheatham, and Brown. The execution was issued the 30th of June,...   Cases  
Ramsay v. Joyce McMul.Eq. 236, Court of Appeals of Equity of South Carolina (May 01, 1841) 1841 1. The defendant, Mrs. Joyce, (formerly Ramsay,) one month previous to her marriage with the defendant, John H. Joyce, and after the treaty of marriage had been entered into, without the knowledge or consent of her intended husband, executed to the complainant, (her daughter, by her previous marriage,) two deeds. Thereby, conveying her whole real...   Cases  
Rawle to Use of Russell v. Skipwith 19 La. 207, Supreme Court of Louisiana (July 01, 1841) 1841 Appeal from the court of the third judicial district, for the parish of East Baton Rouge, Judge Patillo of the eighth presiding. On the 21st May, 1827, Wm. Rawle of Philadelphia to the use of W. Russell, of Great Britain, sued F. Skipwith and wife for a debt of $11,500, secured by mortgage, in which the wife renounced her rights on the mortgaged...   Cases  
Rawles v. Ponton 1 Ired.Eq. 354, Supreme Court of North Carolina (June 01, 1841) 1841 We are called upon by this appeal to revise the decretal order, overruling certain exceptions taken by the defendant to the master's report. Among the claims presented by the defendant, as the executor of Jesse Dupree, for disbursements on account of his testator's estate, was a judgment rendered against him and paid off by him of $465 02 1/2...   Cases  
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