| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Dunn v. Newman |
7 Howard 582, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
The plaintiff in execution may proceed, by motion, against the sheriff alone, for failing to pay over money collected. If the attorney's fees have been paid, his direction to the sheriff not to pay over money collected, cannot prevail against the demand of the plaintiff. The attorney has no other right than that of an agent. |
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Cases |
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| Duperron v. Van Wickle |
4 Rob. (LA) 39, Supreme Court of Louisiana (February 01, 1843) |
1843 |
Appeal from the District Court of Pointe Coupée, Nicholls, J. |
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Cases |
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| Edwards v. Walker |
4 Rob. (LA) 181, Supreme Court of Louisiana (March 01, 1843) |
1843 |
Appeal from the District Court of East Feliciana, Johnson, J. |
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Cases |
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| Ellerbe v. Ellerbe's Heirs |
17 S.C.Eq. 328, Court of Appeals of Equity of South Carolina (December 01, 1843) |
1843 |
1. Testator provided in his will, that his estate, both real and personal, should be kept together until his just debts were paid, and until the decease of his wife; and further, that his wife, together with his daughter and grandson, should have a reasonable and competent support, out of the proceeds of his estate, until his just debts were... |
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Cases |
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| Emanuel v. Norcum |
7 Howard 150, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
All debts contracted by an administrator, who is lawfully carrying on a farm, and completing a crop growing at the time of the death of the testator, or intestate, so far as such contracts are for necessaries, are privileged claims on the income of the place, although not on other property; and a subsequent administrator is bound to pay such debts.... |
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Cases |
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| Endicott v. Scott |
4 Rob. (LA) 265, 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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| England v. Burt |
23 Tenn. 399, Supreme Court of Tennessee (December 01, 1843) |
1843 |
Burt sued England before a justice of the peace, and the case was taken by appeal to the circuit court. The suit was brought to recover the amount of a promissory note for $83.06. The defendant filed a plea, on oath, denying that the note which was signed England & Hobb was his act, agreement, or promise; upon which issue was taken.... |
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Cases |
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| England v. Clark |
4 Scam. 486, Supreme Court of Illinois (December 01, 1843) |
1843 |
England brought an action of indebitatus assumpsit, to recover back from Clark the price of a certain horse sold to him by a constable, under and by virtue of an execution in favor of Clark. The pleadings show that the property was levied upon and sold as the property of the defendant in execution, and that afterwards a stranger brought his action... |
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Cases |
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| Escurieux v. Chapduc |
4 Rob. (LA) 323, Supreme Court of Louisiana (April 01, 1843) |
1843 |
Appeal from the Court of Probates of St. James, Nicholls, District Judge presiding, the Judge of the Court of Probates having recused himself. |
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Cases |
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| Evans v. Bolling |
5 Ala. 550, Supreme Court of Alabama (June 01, 1843) |
1843 |
ERROR to the Chancery Court at Eutaw. |
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Cases |
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| Evans v. Dendy |
29 S.C.L. 9, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. A purchaser of land sold under an order of the Ordinary for partition, paid the money, and received a deed containing no warranty. The land was recovered from the purchaser by title paramount, the money still remaining in the hands of the Ordinary undistributed. In assumpsit brought by the purchaser, to recover it back from the Ordinary, it was... |
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Cases |
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| Everitt v. Lane |
2 Ired.Eq. 548, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The question submitted for our decision in this case is, whether, there being a deficiency of assets to pay the debts of the testator, the legacies bequeathed to the defendants, William K. Lane, Barbara Anne Everitt, and Lavinia Everitt, shall abate rateably with the legacy bequeathed to the defendant Elizabeth Hooks, formerly the wife of the... |
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Cases |
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| Ex parte Nicholls |
4 Rob. (LA) 52, Supreme Court of Louisiana (February 01, 1843) |
1843 |
Appeal from the District Court of Ascension, Cooley, J., presiding. |
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Cases |
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| EXTRADITION UNDER TREATY OF WASHINGTON. |
4 U.S. Op. Atty. Gen. 201 (August 07, 1843) |
1843 |
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Administrative Decisions & Guidance |
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| Fauntleroy's Heirs v. Dunn |
3 B.Mon. 594, Court of Appeals of Kentucky (May 24, 1843) |
1843 |
THE terms of the deeds of 1831 are so expressed as to be susceptible of being construed as a bargain and sale, release or confirmation, and should be construed in that way which will render them operative, in the effectuation of the object for which they were made, and being so construed, the title is complete in the defendant below. Judgment... |
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Cases |
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| Fellows v. President, Directors and Co. of Commercial and Rail Road Bank of Vicksburg |
6 Rob. (LA) 246, 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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| Feltus v. Anders |
5 Rob. (LA) 7, Supreme Court of Louisiana (May 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Fitch v. Newberry |
1 Doug. 1, Supreme Court of Michigan (January 01, 1843) |
1843 |
Plaintiffs, by their agents, shipped goods at Port Kent, on Lake Champlain, consigned to them at Marshall, Michigan, care of H. C. & Co., Detroit, by the New York and Michigan Line, who were common carriers, and with whom they had previously contracted for the transportation of the goods to Detroit, and paid the freight in advance. During their... |
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Cases |
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| Fleming v. Burgin |
2 Ired.Eq. 584, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Under the act passed in 1829, Rev. Stat. c. 37, s. 24, registration is an essential ingredient in a mortgage or deed of trust, to make it that instrument or constitute it a deed or security, as against a creditor or purchaser. Therefore notice of an unregistered mortgage or deed of trust constitutes no ground for relief in Equity against one who... |
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Cases |
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| Ford v. Blount's Ex'r |
3 Ired. 516, Supreme Court of North Carolina (June 01, 1843) |
1843 |
It seems to us that upon one view of the case, which was properly submitted to the consideration of the jury, the instructions of the court were erroneous. His Honor having left it to them as a question of fact, whether the witness Skinner, at the public sale made by the Executor, bid off the growing crop for him, instructed them, that, if they... |
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Cases |
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| Ford v. Elkin |
29 S.C.L. 146, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. A judgment confessed as an indemnity for liabilities incurred by another, as indorser or security, is not void. It is good and legal, and at law may be enforced, whether the party assuming such liabilities has been compelled to pay them or not. 2. If the defendant, in such case, pay the debt, to secure which the confession was taken, the... |
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Cases |
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| Forsyth v. Wilkinson |
5 Rob. (LA) 263, 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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| Foster v. Goree |
5 Ala. 424, Supreme Court of Alabama (June 01, 1843) |
1843 |
ERROR to the Circuit Court of Tuskaloosa. |
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Cases |
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| Foster v. Hall |
23 Tenn. 346, Supreme Court of Tennessee (December 01, 1843) |
1843 |
This is an attachment bill, filed by virtue of the act of 1835-6, ch. 43, C. & N., 106, and 1837-8, ch. 166, sess. acts, 234. The affidavit does not state the indebtedness of the defendant, but states that the allegations contained in the foregoing bill, so far as they are stated on his own knowledge, are true, and so far as they are stated... |
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Cases |
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| Fowke v. Woodward |
17 S.C.Eq. 233, Court of Appeals of Equity of South Carolina (December 01, 1843) |
1843 |
1. Unrecorded marriage settlements are not void, as between the parties, under the Act of 1823, (6 Statutes at Large, 213,) notice supplying the place of registration as to them, as well as all other persons affected by it. 2. Registration is not to be regarded as parcel of the mere execution of a marriage settlement; but as an event for setting it... |
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Cases |
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| Fox v. Walsh |
5 Rob. (LA) 222, Supreme Court of Louisiana (June 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Franchonette v. Grange |
5 Rob. (LA) 510, 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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| Fripp v. Martin |
28 S.C.L. 236, Court of Appeals of Law of South Carolina (May 01, 1843) |
1843 |
1. A held a note on B, which, not being paid when due, was placed in the hands of his attornies for collection, who issued upon it. In a few days after the note had been put in suit, B called on A and paid off his note in full. B, supposing the case ended, entered no appearance, and A neglected to inform his attornies of the fact of payment; or if... |
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Cases |
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| Gardner v. Simmes |
1 Gill 425, Court of Appeals of Maryland (December 01, 1843) |
1843 |
The will of T. C. Reeves, by the clause which gave the residuum of his personal estate to his wife, passed to her an absolute interest in one moiety thereof, and an estate for her life in the other moiety. There is no allegation on the one side, nor admission on the other, that any of the debts or legacies were unpaid by Mrs. Reeves, the widow and... |
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Cases |
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| Garland v. Lynch |
40 Va. 545, Supreme Court of Appeals of Virginia (February 01, 1843) |
1843 |
(Absent Brooke and Stanard, J.) The decisions in Randolph's adm'x v. Randolph, 3 Rand. 490. Taylor v. Dundass, 1 Wash. 92. and Downman v. Downman's ex'or, 2 Wash. 189. approved. In conformity with the principle of the first case, held, that if judgment be rendered against two, and one gives a forthcoming bond with security, which is forfeited, the... |
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Cases |
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| Garrard v. Reed |
5 Rob. (LA) 506, Supreme Court of Louisiana (September 01, 1843) |
1843 |
Appeal from the District Court of St. Landry, Boyce, J. |
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Cases |
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| Garrett v. Tinnen |
7 Howard 465, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
Special bail in attachment against absconding debtors was abolished by the acts of 1839 and 1840. Under the existing law, it seems that appearance and plea alone will discharge an attachment in cases where the debt is due. In case of an attachment issued under the statute against an absconding debtor, for a debt not due, the defendant cannot... |
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Cases |
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| Gillett v. Powell |
17 S.C.Eq. 142, Court of Appeals of Equity of South Carolina (May 01, 1843) |
1843 |
1. Partition may be effected amongst the distributees of an estate, if each should purchase to about the amount of his share, give bond for the amount, and then the bonds should be settled; each receiving or paying whatever amount his purchase might exceed or fall short of his sharethe bonds then to be cancelled. But until such settlement... |
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Cases |
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| Goodwin v. Moore |
23 Tenn. 221, Supreme Court of Tennessee (July 01, 1843) |
1843 |
A certain Edward Smith died in Carter county in the year 1809. In 1807 he made and published his last will and testament, in which, among other things, he devised as follows, to wit: I give and bequeath to my dearly beloved wife, Catharine, all my stock of horses, cows, hogs, sheep, and bees, with all my household furniture and farming... |
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Cases |
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| Grayson v. Houston |
4 Rob. (LA) 54, Supreme Court of Louisiana (February 01, 1843) |
1843 |
Appeal by the plaintiffs from a judgment of the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Greathouse v. Dunlap |
3 McLean 303, Circuit Court, D Ohio (December 01, 1843) |
1843 |
At law. |
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Cases |
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| Griffin v. His Creditors |
6 Rob. (LA) 216, 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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| Griffin v. His Creditors |
6 Rob. (LA) 225, Supreme Court of Louisiana (October 01, 1843) |
1843 |
A re-hearing is prayed for in this case. No new arguments, or authorities, have been adduced, in relation to the question of back interest, (as it is called,) but the rule stare decisis, has been pressed upon us with zeal and ability. The counsel has shown, by the original record of the suit of Lauderdale v. Gardner, that the facts in that case... |
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Cases |
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| Gros v. Bienvenu |
3 Rob. (LA) 396, Supreme Court of Louisiana (January 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Gudgell v. Mead |
8 Mo. 53, Supreme Court of Missouri (July 01, 1843) |
1843 |
The appellees filed a bill in chancery against the appellants for a partition of chattels, consisting of an anvil, bellows, vice, hammers, &c. The appellants demurred to the bill, and their demurrer being overruled, they made no further answer; whereupon the court decreed a partition, and appointed commissioners to make it. From this decree, the... |
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Cases |
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| Haden v. Walker |
5 Ala. 86, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of Error to the Circuit Court of Macon. |
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Cases |
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| Hale v. Gause |
3 Ired.Eq. 114, Supreme Court of North Carolina (December 01, 1843) |
1843 |
Where a husband intends by a bill in equity to impeach a marriage agreement made between him and his wife, before marriage, she must be a party defendant to the bill, and not be joined with him as a plaintiff. This cause was removed on affidavit to the Supreme Court, from the Court of Equity of Brunswick County, at the Fall Term, 1843. The bill... |
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Cases |
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| Hale v. Grier |
29 S.C.L. 22, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. Defendant and his co-obligor executed to the father of the plaintiffs, who were minors, three joint and several single bills, on one of which this action was brought. At the request of the father the bills were changed and made payable to plaintiffs. Defence-that they were given to secure the purchase money of a tract of land sold by the father... |
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Cases |
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| Hall v. Dargan |
4 Ala. 696, Supreme Court of Alabama (January 01, 1843) |
1843 |
WRIT of error to the Circuit Court of Autauga. |
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Cases |
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| Hall v. Thompson |
1 Smedes & M. 443, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
Where a purchaser has examined an estate which has patent defects that could be discovered by ordinary vigilance, he can have no relief on account of such defects. T. sold a tract of land to H., and represented that it contained only fifty or sixty untillable acres; whereas, about three hundred acres were unfit for cultivation-but, prior to the... |
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Cases |
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| Hamberlin v. Terry |
7 Howard 143, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
A court of chancery has no jurisdiction to award an issue of devisavit vel non, and set aside a will which has been admitted to probate on the ground of the insanity of the testator, and the procurement of the probate of the will by the fraud of the executor, inasmuch as the probate court has ample and exclusive jurisdiction of such matters. On a... |
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Cases |
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| Harmon v. Dreher |
17 S.C.Eq. 87, Court of Appeals of Equity of South Carolina (May 01, 1843) |
1843 |
1. In 1787, certain ministers, partly of the Lutheran and partly of the Reformed or Presbyterian denomination, but all of them of German Protestant Congregations, convened and formed themselves into a Ministerial Society. 2. The congregations composing this Society were, by an Act of the Legislature, passed in Feb. 1788, (8 Stat. at Large, 144,)... |
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Cases |
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| Hart v. Thompson's Adm'r |
3 B.Mon. 482, Court of Appeals of Kentucky (May 27, 1843) |
1843 |
Wills. Executory devises. Trustees and trusts. APPEAL FROM THE MADISON CIRCUIT. Allegations of bill and answer. THIS case grows out of and is based upon the decision of this Court, affirming the decision of the Circuit Court, in the case of Keziah Thompson vs Peeble's heirs et al., in which said Hart had filed a cross bill. That decision will be... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hazard v. Lambeth |
3 Rob. (LA) 378, Supreme Court of Louisiana (January 01, 1843) |
1843 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Hendricks v. Compton's Ex'r |
41 Va. 192, Supreme Court of Appeals of Virginia (July 01, 1843) |
1843 |
The injunction in this case was sought and obtained by the testator of the appellee, to a judgment on an obligation given on the retainer of counsel to defend the party on a charge of forgery. The ground on which it was sought was not that such an obligation, on such a consideration, was by law invalid, for that would be untenable; nor that the... |
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Cases |
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