| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Brown v. Brown |
5 Ala. 508, Supreme Court of Alabama (June 01, 1843) |
1843 |
ERROR to the Circuit Court of Greene county. |
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Cases |
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| Browning v. Headley |
41 Va. 340, Supreme Court of Appeals of Virginia (August 01, 1843) |
1843 |
(Absent Cabell, P. and Brooke, J.) The rule laid down by sir Thomas Plumer in Hornsby v. Lee, 2 Madd. C. R. 16. american edi. 352. and Purdew v. Jackson, 1 Russ. 1. and afterwards confirmed by lord Lyndhurst in Honner v. Morton, 3 Russ. 65. 3 Cond. Eng. Ch. Rep. 298. that where a husband assigns personal property in which his wife has a... |
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Cases |
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| Buard v. De Russy |
6 Rob. (LA) 111, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Natchitoches, King, J. |
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Cases |
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| Buchan v. James |
17 S.C.Eq. 375, Court of Appeals of Equity of South Carolina (December 01, 1843) |
1843 |
1. Bill filed by a legatee against defendant, an administrator, and others, with himself the distributees of his intestate, for an account of monies which, it was alleged, had been received by their intestate and not accounted for, as one of the executors of the will under which he claimed. The executors proved the will of their testator, and... |
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Cases |
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| Burton v. Burton |
4 Harr. 38, Court of Errors and Appeals of Delaware (June 01, 1843) |
1843 |
By the record in this case, it appears that John C. Burton, the testator, being seized in fee and possessed of certain real and personal estate, and having a wife named Elizabeth, now the wife of John R. Burton, and two half sisters, Ruth Burton and Mary Short, but no child, children or issue, made his last will and testament, bearing date the 9th... |
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Cases |
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| Bybee v. Tharp |
4 B.Mon. 313, Court of Appeals of Kentucky (October 24, 1843) |
1843 |
Case stated. THIS writ of error is prosecuted to reverse a decree for $5,506 71, rendered against Bybee and others, his sureties in bond for the performance of his duties as guardian of Mrs. Tharp, formerly Sarah Anne Roane, and a decree over for the same sum, in favor of two of said sureties against Adair and Bridges, who had entered into a... |
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Cases |
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| Caldwell v. Wilson |
29 S.C.L. 75, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. Where matter of defence is something distinct from a contradiction of the case first proved by the plaintiff, the plaintiff's reply must be confined to this matter, and not be extended to a confirmation of the case he has made, much less to the making of a new case. But when the defence is wholly or in part made by an attempt to disprove what... |
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Cases |
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| Calhoun v. King |
5 Ala. 523, Supreme Court of Alabama (June 01, 1843) |
1843 |
ERROR to the Chancery Court of Talladega. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Calvert v. Coxe |
1 Gill 95, Court of Appeals of Maryland (December 01, 1843) |
1843 |
In the absence of all proof to the contrary, judicial courtesy requires this court to presume, that the county court discharged its duty according to the rules and practice of such court, in awarding a commission to take testimony. So where the county court assembled on the first day of the month, and proceedings were had in a cause, which resulted... |
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Cases |
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| Calwell v. Shields |
41 Va. 305, Supreme Court of Appeals of Virginia (August 01, 1843) |
1843 |
(Absent Cabell, P. and Brooke, J.) On a motion for award of execution against three obligors in a forthcoming bond, one of whom is principal and the other two are sureties, the entry upon the record states that as well the plaintiffs came by their attorney, as the defendant M. (the principal) in his proper person, and the other defendants by... |
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Cases |
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| Campbell v. Spence |
4 Ala. 543, Supreme Court of Alabama (January 01, 1843) |
1843 |
ERROR to the Circuit Court of Talladega. |
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Cases |
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| Cannon v. Peebles |
4 Ired. 204, Supreme Court of North Carolina (December 01, 1843) |
1843 |
Where in a deed of trust for the satisfaction of creditors, the maker of the deed reserves to himself a general power of revocation and the declaration of other trusts, by which he may be benefitted, the deed is fraudulent on its face and void. But where the maker of the deed only reserves the privilege of adding to the number of prefered creditors... |
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Cases |
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| Caperton v. Martin |
5 Ala. 217, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of Error to the the Circuit Court of Jackson county. |
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Cases |
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| Caplinger v. Vaden |
24 Tenn. 629, Supreme Court of Tennessee (December 01, 1843) |
1843 |
This case brings before us again the construction of the 9th section of the act of 1815, ch. 48, for the limitation of actions, if such it be, against the personal representatives of deceased persons, about which, several years since, so much was written and so little decided. The deceased, Sullivan, conveyed, in his lifetime, by deed, certain... |
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Cases |
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| Carnes v. Hubbard |
2 Smedes & M. 108, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
A vendor's lien cannot be enforced against sub-vendees without notice. |
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Cases |
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| Carpenter v. State |
8 Mo. 291, Supreme Court of Missouri (July 01, 1843) |
1843 |
This is a proceeding, by scire facias, instituted by the State of Missouri against Conrad Carpenter, Joseph Parks, Frederick H. Drydon, and Thomas Dryden, requiring the said defendants to show cause why execution should not go against them for the sum of two thousand dollars, charged to be forfeited by them, by their failure to comply with the... |
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Cases |
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| Carson v. Dwight |
5 Rob. (LA) 484, Supreme Court of Louisiana (September 01, 1843) |
1843 |
Appeal from the District Court of St. Mary, Campbell, J. |
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Cases |
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| Carter v. Judge of Probate |
2 Smedes & M. 42, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
G. married the widow of C. and lived with her during her life in the occupancy and enjoyment of C.'s estate; and continued to occupy the same after her decease to the time of his death, being in all about twenty years, and preferred no charge against the estate of C. during all that time, for the support and maintenance of C.'s children, who lived... |
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Cases |
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| Cassidy v. His Creditors |
4 Rob. (LA) 216, Supreme Court of Louisiana (April 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Cassidy v. His Creditors |
6 Rob. (LA) 303, Supreme Court of Louisiana (December 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Chapman v. Brown |
7 Howard 636, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
Where a statute requires two subscribing witnesses to a will of personalty, and three to a devise of lands, a will of both personalty and realty subscribed by only two witnesses, is a good and valid will to pass the personal property. |
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Cases |
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| Cheshire v. Cheshire |
2 Ired.Eq. 569, Supreme Court of North Carolina (June 01, 1843) |
1843 |
A Court of Equity has invariably entertained a bill by one, entitled to a personal chattel in remainder after a life estate, to have the property secured when it is alleged in the bill that it is likely to be lost by any means whatever. And when the particular property has been converted into another species of property by the tenant for life, or... |
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Cases |
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| Clark v. Christine |
4 Rob. (LA) 196, Supreme Court of Louisiana (March 01, 1843) |
1843 |
Appeal from the District Court of East Baton Rouge, Tessier, J. presiding. |
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Cases |
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| Clarke v. Rosenda |
5 Rob. (LA) 27, Supreme Court of Louisiana (May 01, 1843) |
1843 |
Rule by the assignee of Zabriskie on Rosenda, and the Sheriff of the District Court of the First District, to show cause why a writ of prohibition should not be directed to them, restraining any further proceedings under an order from the District Court of the First District, for the seizure and sale of certain property of the bankrupt, which had... |
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Cases |
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| Commercial Bank v. Nolan |
7 Howard 508, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
Where a bank discounted a note, and shipped cotton for the maker, taking the same as collateral security, and reserved by contract the domestic exchange between New York and Mississippi as compensation for the agency of the bank; held, not to be usury, as the bank took the risk of profit on the exchange, and it did not appear to be a disguise to... |
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Cases |
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| Commonwealth ex rel. Hepburn v. Mann |
Supreme Court of Pennsylvania (May 01, 1843) |
1843 |
The Legislature have not the constitutional power to diminish the compensation of the President Judges of the Courts of Common Pleas fixed by law, during their continuance in office. There is no other remedy for the recovery of a salary fixed by law and payable by the State treasurer than by writ of mandamus. THE Commonwealth ex relatione Hon.... |
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Cases |
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| Commonwealth v. Tracy |
5 Metcalf 536, Supreme Judicial Court of Massachusetts (January 01, 1843) |
1843 |
The provision of the Rev. Sts. c. 142, ยง 8, for the apprehension of persons charged with the commission of offences in other States, is not repugnant to the constitution or laws of the United States. An averment, in an indictment for a riotous assault upon an officer in the lawful discharge of the duties of his office, that he was in the... |
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Cases |
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| Compton v. Compton |
6 Rob. (LA) 154, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Rapides King, J. |
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Cases |
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| Comstock v. Rayford |
1 Smedes & M. 423, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
Unconnected parties, having a common interest centering in the point in issue in the cause, may unite, to obtain relief from equity, in the same bill. C. and R. P. & Co., all non-residents of the State of Mississippi, each holding in their own right, distinct claims v. R. R. C., also a non-resident of this State, file a bill in chancery to subject... |
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Cases |
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| Cotton v. Brien |
6 Rob. (LA) 115, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Madison, Curry, J. |
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Cases |
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| Cougot v. Fournier |
4 Rob. (LA) 420, Supreme Court of Louisiana (May 01, 1843) |
1843 |
Appeal from the Court of Probates of New Orleans, Bermudez, J. |
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Cases |
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| Crane v. Bunnell & Boutwell |
10 Paige Ch. 333, Chancery Court of New York (January 01, 1843) |
1843 |
The court of chancery has concurrent jurisdiction with courts of law in cases of fraud. And where the complainant files a bill for relief against a fraudulent contract and for a discovery of the fraud, the court may proceed and grant relief and make a final decree between the parties after such discovery has been obtained. But the court of chancery... |
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Cases |
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| Cummings v. McCullough |
5 Ala. 324, Supreme Court of Alabama (January 01, 1843) |
1843 |
ERROR to the Chancery Court at Tuskaloosa. |
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Cases |
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| Dash v. Dosson |
6 Rob. (LA) 11, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Catahoula, Willson, J. |
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Cases |
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| Davidson's Ex'r v. Nunnallys |
3 B.Mon. 534, Court of Appeals of Kentucky (June 06, 1843) |
1843 |
IN 1810, Bernard Nunnally and Nancy his wife, residents of Buckingham County, Virginia, executed, signed and sealed, and upon his acknowledgment in the County Court, had recorded, the following peculiar instrument: This indenture, made this 11th day of November, in the year of our Lord one thousand, eight hundred and ten, we Barnett Nunnally, and... |
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Cases |
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| Davis v. Garrett |
3 Ired. 459, Supreme Court of North Carolina (June 01, 1843) |
1843 |
No specific tangible property can be attached, which cannot be sold under the execution after judgment obtained. Where an estate is vested in trustees, and the purposes of the trust require that the legal estate shall remain in them, the property so conveyed cannot be sold under execution, so as thereby to divest the trustees of their estate, or... |
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Cases |
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| Dawson v. Watkins |
41 Va. 259, Supreme Court of Appeals of Virginia (August 01, 1843) |
1843 |
From the special verdict it appears that the land in controversy was embraced in two patents, and the demandant claimed under the junior grant. The tenant in possession is not found to claim under the elder grant, nor is any privity shewn to exist between him and those claiming under the first patent. Facts are found tending to shew a continued... |
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Cases |
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| Dearman v. Dearman |
5 Ala. 202, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT af Error to the Circuit Court of Sumter. |
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Cases |
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| Dearman v. Radcliffe |
5 Ala. 192, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of Error to the Circuit Court of Sumter. |
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Cases |
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| Dennis v. State |
5 Ark. 230, Supreme Court of Arkansas (July 01, 1843) |
1843 |
The omission to state, in an indictment for a capital offence, that the grand jury were sworn and charged for the county is cured by verdict by statute, even if it was not at common law. Two or more may be jointly indicted as principals for the commission of rape. On the 30th of September, 1842, there was a law in force punishing the crime of rape,... |
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Cases |
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| Denton v. Murdock |
5 Rob. (LA) 127, Supreme Court of Louisiana (June 01, 1843) |
1843 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Deshler v. Guy |
5 Ala. 186, Supreme Court of Alabama (January 01, 1843) |
1843 |
ERROR to the Circuit Court of Franklin. |
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Cases |
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| Dewey v. Littlejohn |
2 Ired.Eq. 495, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Notice of a deed of trust, not registered according to law, raises no equity against a creditor. A creditor may honestly obtain a security, by way of mortgage or deed of trust, for a debt known or believed to exist, though unliquidated, and a preference, thus gained by one creditor over another, for what may turn out to be due, is not unfair. So,... |
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Cases |
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| Dickinson v. Goodin |
5 Rob. (LA) 122, Supreme Court of Louisiana (June 01, 1843) |
1843 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Dodd v. Crain |
6 Rob. (LA) 58, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Rapides, King, J. |
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Cases |
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| Drago v. Moso |
28 S.C.L. 212, Court of Appeals of Law of South Carolina (May 01, 1843) |
1843 |
1. If an infant sue without prochein amy, and the defendant plead issuably, he waives the objection of form. 2. The objection of infancy in the plaintiff can only be made by plea in abatement. 3. Where the proof of infancy in the plaintiff comes from the defendant, under the general issue, the court cannot in invitum order a non-suit on this proof.... |
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Cases |
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| Drake v. Ricks |
2 Ired.Eq. 565, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The Equity of the plaintiff against Bryant extends to Ricks, who took the bond after it was due, and indeed, without endorsement. And as against Bryant we think the plaintiff is entitled to the relief he asks. For the grounds of that relief we need not go farther back than the agreement of August 6, 1832. It appears, indeed, that at no time after... |
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Cases |
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| Dugat v. Comeau |
5 Rob. (LA) 475, Supreme Court of Louisiana (September 01, 1843) |
1843 |
Appeal from the District Court of Lafayette, Campbell, J. |
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Cases |
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| Dundas v. Bowler |
3 McLean 204, Circuit Court, D Ohio (July 01, 1843) |
1843 |
This bill was filed to foreclose a mortgage. The mortgage was executed by Bowler to Shoenberger, both being citizens of Ohio; and by the latter it was assigned to the Bank of the United States, of the state of Pennsylvania. The bank assigned to the plaintiffs, who are citizens of Pennsylvania, in trust for certain purposes. The question is, whether... |
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Cases |
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| Dunklin v. Wilkins |
5 Ala. 199, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of Error to the Circuit Court of Lowndes county. |
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Cases |
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