| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| McGee v. McGee |
4 Ired. 105, Supreme Court of North Carolina (December 01, 1843) |
1843 |
In a petition for dower, it is sufficient for the widow to state that her husband died seized of the lands. It is not necessary to state that the heirs entered as heirs, or to set forth deeds executed by her husband to the heirs in his lifetime and allege that they were fraudulent as to her. Upon the trial of the issue, if made by the answers and... |
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Cases |
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| McKey v. Garth |
41 Va. 33, Supreme Court of Appeals of Virginia (April 01, 1843) |
1843 |
(Absent Brooke, J.) Whilst on the one hand, where an officer holding two executions sells under the second, the title of the purchaser is good against the plaintiff in the first, and the remedy of the latter is against the officer, so on the other hand the purchaser at such sale cannot invoke the lien of the first execution, in aid of a title... |
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Cases |
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| McKinder v. Littlejohn |
4 Ired. 198, Supreme Court of North Carolina (December 01, 1843) |
1843 |
The defendant now insists, that if upon the testimony in this case the jury had a doubt, whether William Vaughan, at any time whilst he remained at Woodville, was able to pay this debt, then he was not insolvent within the meaning of the law, declaring that circumstance sufficient to repel a presumption of payment after a lapse of twenty years. The... |
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Cases |
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| McLean v. Rockey |
3 McLean 235, Circuit Court, D Ohio (July 01, 1843) |
1843 |
In bankruptcy. |
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Cases |
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| McNairy v. Bell |
5 Rob. (LA) 418, Supreme Court of Louisiana (July 01, 1843) |
1843 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Means v. Hogan |
2 Ired.Eq. 525, Supreme Court of North Carolina (June 01, 1843) |
1843 |
There is no evidence tending to impeach the fairness of the sales made by the master, or of the conduct of Hogan in making his purchases. He was the largest owner of the property offered, and might fairly bid to enhance the price, and many others interested were present and submitted to have the report of the sales confirmed.--On the other hand,... |
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Cases |
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| Melton v. Howard |
7 Howard 103, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
All the defendants must join in an audita querela, or be regularly severed. Mere delay to levy an execution emanating from a forthcoming bond, will not discharge the security in the judgment on the bond. The failure of the plaintiff in the execution to tender an issue to try the right of property levied on and claimed adversely, does not discharge... |
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Cases |
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| Merrill v. Moore |
7 Howard 271, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
The act of the legislature, which allows the administrator, as compensation for administering the estate, a certain per centage on the appraised value, was intended to embrace the whole estate administered, and is not confined to that portion of the estate which is actually appraised. The law does not impose onerous duties on men, without... |
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Cases |
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| Metoyer v. Trezzini |
6 Rob. (LA) 124, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Natchitoches, Boyce, J. |
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Cases |
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| Miller v. Helm |
2 Smedes & M. 687, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
When property, real or personal, of a deceased person, or minor, shall be sold by order of a probate court, it shall, under our statute, be held and remain subject to the amount for which it was sold, in the hands of the purchaser or his assignee, in the same manner as if a mortgage had been taken on said property. A bill seeking the restoration of... |
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Cases |
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| Mitchell v. Mitchell |
1 Gill 66, Court of Appeals of Maryland (December 01, 1843) |
1843 |
The security of an administrator may, under circumstances, become a competent witness for his principal to maintain an action of law to recover money due the intestaet's estate; aIthough at one period the administrator may have been guilty of a devastavit in relation to the same claim. As where from lapse of time, after due notice having been given... |
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Cases |
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| Montfort v. Her Husband |
4 Rob. (LA) 453, Supreme Court of Louisiana (May 01, 1843) |
1843 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Moore v. Green |
23 Tenn. 299, Supreme Court of Tennessee (December 01, 1843) |
1843 |
James and Sarah Green having obtained a judgment against one Edmond W. Goodrich, caused an execution to be issued thereon; upon this execution the sheriff returned nulla bona, and that he had summoned James D. Moore, Robert W. Green, and Sterling W. Goodrich as garnishees. At the January term, 1840, of the circuit court of Davidson county, these... |
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Cases |
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| Moore v. Reed |
2 Ired.Eq. 580, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The substance of the bill and answer is stated in 1 Iredell's Equity Rep. 419. After the dissolution of the injunction, the plaintiff retained the bill and replied to the answer. And it now comes on to a hearing on the proofs taken by the parties. We have examined all the evidence in the cause, and it proves that the plaintiff was but a farmer in... |
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Cases |
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| Moore v. Tucker |
3 Ired. 347, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Where, upon the dishonor of a bill of exchange or promissory note, the endorsee has neglected to give the proper notice, the drawer or endorser of the bill or endorser of the note will still be liable, if, after a knowledge of all the facts, which in law would have discharged him, he promises to pay the bill or note. Appeal from the Superior Court... |
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Cases |
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| Morrison v. Buckner |
Hempst. 442, Circuit Court, D Arkansas (April 01, 1843) |
1843 |
This was a suit by Daniel Morrison against Simeon Buckner. |
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Cases |
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| Mount v. Harris |
1 Smedes & M. 185, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
Personal may as well be the subject of a conditional sale as real property. And although possession may be prima facie evidence of ownership, yet it is subject to be rebutted. Property, purchased upon conditions, cannot be levied on by the creditors of the purchaser after the conditions have failedand especially if the parties had previously... |
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Cases |
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| Murdock v. Gurley |
5 Rob. (LA) 457, Supreme Court of Louisiana (July 01, 1843) |
1843 |
Appeal from the District Court of East Baton Rouge, Johnson, J. |
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Cases |
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| Napier v. Wightman |
17 S.C.Eq. 357, Court of Appeals of Equity of South Carolina (December 01, 1843) |
1843 |
1. J. M. died in 1834, possessed of considerable real and personal estate. A. M., E. M. and H. M. were his next of kin, and heirs, all of whom were aliens. The interest of the State in the realty was granted to A. M, in Dec. 1834, by the Legislature; and in 1835, administration of the personalty having been granted by the Ordinary, to defendant,... |
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Cases |
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| Nimmo v. Bonney |
4 Rob. (LA) 176, Supreme Court of Louisiana (March 01, 1843) |
1843 |
Appeal from the District Court of East Baton Rouge, Johnson, J. |
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Cases |
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| Nole v. De St. Romes |
3 Rob. (LA) 484, 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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| Nores v. Carraby |
5 Rob. (LA) 292, Supreme Court of Louisiana (July 01, 1843) |
1843 |
Appeal from the Court of Probates of New Orleans, Bermudez, J. |
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Cases |
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| O'Donnell v. Sweeney |
5 Ala. 467, Supreme Court of Alabama (June 01, 1843) |
1843 |
ERROR to the Circuit Court of Macon. |
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Cases |
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| Offutt v. John |
8 Mo. 120, Supreme Court of Missouri (July 01, 1843) |
1843 |
To warrant the admission of hearsay as secondary evidence, it is necessary. among other things, in addition to the above tests, to lay a foundation: 1st By showing that the superior evidence, in place of which the secondary is offered, is no longer attainable, as by showing the death of the person who made the declarations. 1 Starkie's Ev. 158-9.... |
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Cases |
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| Ogden v. Michel |
4 Rob. (LA) 155, Supreme Court of Louisiana (March 01, 1843) |
1843 |
Appeal from a judgment of nonsuit in the District Court of East Baton Rouge, Johnson, J. |
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Cases |
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| Oliver v. Oliver |
6 Rob. (LA) 36, 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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| Page v. Page |
41 Va. 424, Supreme Court of Appeals of Virginia (October 01, 1843) |
1843 |
The court is of opinion that the act of assembly authorizing wills admitted to probat to be contested by a bill in chancery at any time within seven years thereafter, applies only to written, and not to nuncupative wills; and that the nuncupative will in question having been admitted to probat by a court of competent jurisdiction, after the... |
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Cases |
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| Palmer v. Cross |
1 Smedes & M. 48, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
The act of the legislature of 1822, respecting the title of personal property, and requiring the deeds thereto to be recorded in the county where the property is, (How & Hutch, 344,) does not apply to conveyances of personal property, made prior to the passage of the act. Without some statutory provision, registration of titles to personal property... |
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Cases |
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| Paris v. Burger |
23 Tenn. 325, Supreme Court of Tennessee (December 01, 1843) |
1843 |
The tract of land in controversy was levied on as the property of Paris, by virtue of several executions against him, and was sold to the defendant in error, Burger, who received a deed from the sheriff, and now prosecutes this action of ejectment to obtain possession. The defendant attempted to prove that he had paid Burger the moneys he was... |
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Cases |
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| Pell v. Ball |
17 S.C.Eq. 48, Court of Appeals of Equity of South Carolina (May 01, 1843) |
1843 |
1. H. S. B. executed his will on the 4th May, 1835, and devised as follows: Should I die without leaving issue, I give and bequeath to my beloved wife, the said A. E. B. all the property, personal and real, that I received, or may receive hereafter, from her father's estate, or from any of her relations, and sources owing to my... |
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Cases |
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| Penny v. Weston |
4 Rob. (LA) 165, Supreme Court of Louisiana (March 01, 1843) |
1843 |
This case brought from the Court of Probates of East Feliciana, was tried before Butler, J., sitting under the act of 27 February, 1841, ch. 32, in the District Court of that parish, for the trial of certain cases in which the Judges of the District and Parish Courts had recused themselves or been recused; and the defendants are appellants from his... |
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Cases |
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| Perkins v. Reeds |
8 Mo. 33, Supreme Court of Missouri (July 01, 1843) |
1843 |
Gabriel Reeds, administrator of Gabriel P. Nash, brought his action of covenant against Walton Perkins and Lewis H. Wren, in the Circuit Court of Lincoln county, and judgment being given for him there, Walton Perkins now prosecutes his writ of error in this court. The declaration states, that, for that whereas, &c., the defendants made their... |
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Cases |
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| Perrin v. Lomax |
41 Va. 133, Supreme Court of Appeals of Virginia (May 01, 1843) |
1843 |
(Absent Cabell, P. and Stanard, J.) In 1810 a deed of trust was made, whereby it was witnessed, that for the purpose of securing to the grantor's creditors their debts, and to make provision for the support, education and future settlement of his children, he conveyed his whole estate in trust for the payment of his debts, and for that purpose the... |
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Cases |
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| Petit v. Laville |
5 Rob. (LA) 117, 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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| Pettitt's Ex'rs v. Pettitt |
23 Tenn. 191, Supreme Court of Tennessee (July 01, 1843) |
1843 |
This record presents a question of sanity or insanity upon an issue of devisavit vel non. The paper presented as the last will and testament of James Pettitt bears date on the 10th February, 1842. It has no attesting witness, but is well proved to be altogether in the handwriting of the deceased. It was found in a trunk where specie was kept, and... |
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Cases |
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| Petty v. Petty |
4 B.Mon. 215, Court of Appeals of Kentucky (October 14, 1843) |
1843 |
Fraud. Marital rights. Dower. APPEAL FROM THE FAYETTE CIRCUIT. JEMIMA PETTY, a few days after her intermarriage with Ransdall Petty, filed a bill against him and his children by a former wife, three of whom were infants, in which she charges, in substance, that he, being much the elder, and in good circumstances, as an inducement to the contract of... |
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Cases |
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| Phelan v. Fancher |
5 Ala. 449, Supreme Court of Alabama (June 01, 1843) |
1843 |
WRIT of error to the Circuit Court of Shelby. |
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Cases |
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| Phillips v. McCollom |
4 Rob. (LA) 107, Supreme Court of Louisiana (February 01, 1843) |
1843 |
Appeal from the District Court of Ascension, Deblieux, J. |
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Cases |
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| Pickersgill v. Brown |
7 La.Ann. 297, Supreme Court of Louisiana (May 01, 1652) |
1843 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Picou v. Dussuau |
4 Rob. (LA) 412, Supreme Court of Louisiana (May 01, 1843) |
1843 |
Appeal from the Court of Probates of St. John the Baptist, Le Blanc, J. |
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Cases |
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| Planters' & Merchants' Bank of Mobile v. Borland |
5 Ala. 531, Supreme Court of Alabama (June 01, 1843) |
1843 |
ERROR to the Circuit Court of Lowndes. |
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Cases |
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| Planters' & Merchants' Bank of Mobile v. Willis & Co. |
5 Ala. 770, Supreme Court of Alabama (June 01, 1843) |
1843 |
WRIT of Error to the County Court of Lowndes. |
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Cases |
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| Planters' Bank v. Neely |
7 Howard 80, High Court of Errors and Appeals of Mississippi (January 01, 1843) |
1843 |
It seems that the loss of a bill of exceptions taken in a cause, is not a good ground for a re-hearing, after the elapse of the term at which the judgment was rendered. The probate court has power to set aside an administrator's sale on the ground of fraud. Where by the fraud and deceit of the administrator, the property of the estate did not bring... |
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Cases |
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| Plummer v. Schlatre |
4 Rob. (LA) 29, Supreme Court of Louisiana (February 01, 1843) |
1843 |
Appeal from the District Court of Iberville, Deblieux, J. |
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Cases |
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| Pool v. Loomis |
5 Ark. 110, Supreme Court of Arkansas (January 01, 1843) |
1843 |
An officer has no right to execute a writ of replevin until he has received the bond required to be executed by the plaintiff, or some person for him, which fact the return must show, or it is defective. It is also defective if it does not show an execution of the writ by reading to the defendant, or delivering him a copy, or leaving a copy at his... |
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Cases |
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| Porter v. Deterly |
1 Smedes & M. 163, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
An appeal or writ of error will not lie at law, except from a final judgment. The circuit court in this State, has jurisdiction in cases brought by writ of certiorari, from the decisions of justices of the peace. |
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Cases |
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| PRE-EMPTION RIGHTS OF COLORED PERSONS. |
4 U.S. Op. Atty. Gen. 147 (March 15, 1843) |
1843 |
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Administrative Decisions & Guidance |
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| Prentice v. Chewning |
6 Rob. (LA) 163, Supreme Court of Louisiana (October 01, 1843) |
1843 |
Appeal from the District Court of Carroll, Curry, J. |
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Cases |
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| President and Directors of Bank of State of South Carolina v. Simpson |
29 S.C.L. 41, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. In an action against bail, it appeared that in the original action against the principal and others, the verdict was for a gross sum, nothing being said about interest; but the execution directed the sheriff to collect interest. In the declaration against the bail, the attorney was led into an error by the execution, in reciting the judgment. At... |
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Cases |
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| Preston v. Humphreys |
5 Rob. (LA) 299, Supreme Court of Louisiana (July 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. The executor of James Brown, deceased, is appellant from a judgment rendered against him, in an action to recover of the heirs of John B. Humphreys, a balance due for the price of one-sixth part of a sugar plantation, sold by Brown to their ancestor. The material facts of the case... |
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Cases |
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