| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Bailey v. Stevens |
9 Rob. (LA) 158, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Carroll, Curry, J. |
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Cases |
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| Bailey's Adm'x v. Robinson |
1 Gratt. 4, Supreme Court of Appeals of Virginia (April 01, 1844) |
1844 |
The court is of opinion, that the purchase by the executor Bailey of the land in the proceedings mentioned, at the sale thereof made by him and his coexecutor, was in itself a violation of his duty as trustee; and an invasion of the rights of his cestuis que trust; who are entitled to redress in a court of equity. According to the general rule in... |
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Cases |
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| Bank of Alabama v. Croft |
6 Ala. 622, Supreme Court of Alabama (June 01, 1844) |
1844 |
WRIT of error to the Circuit Court of Marengo. |
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Cases |
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| Baring v. Heyward |
29 S.C.L. 553, Court of Appeals of Law of South Carolina (January 01, 1844) |
1844 |
1. Defendant, a commissioner of the roads, in repairing a public highway injured by a freshet, established along and on a bank or dam which ran through and divided plaintiff's rice fields, directed plaintiff's trunk to be drawn out from under the road, and the road to be repaired. But the earth above the trunk, which was 12, 15 or 18 feet in... |
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Cases |
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| Beall v. Dearing |
7 Ala. 124, Supreme Court of Alabama (June 01, 1844) |
1844 |
Error to the Circuit Court of Tuscaloosa. |
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Cases |
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| Bell v. Davis |
4 Ired. 521, Supreme Court of North Carolina (June 01, 1844) |
1844 |
William F. Bell, the lessor of the plaintiff, and his sister Charity Elizabeth, the late wife of the defendant, on the death of their grand-mother, entered as tenants in common and possessed the Whitehall tract of land, under the will, made in 1820, of their grandfather William Fisher. Their father, Josiah Bell, was the owner of the Bell chapel... |
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Cases |
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| Berry v. Parkes |
3 Smedes & M. 625, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
Debts due to a decedent are assets, but not to charge the executor or administrator, till he has received the money. An executor or administrator may release or compound a debt, and if in so doing he appears to have acted for the benefit of the estate, he will not be chargeable with it as assets. If there be no wilful misconduct or fraud on the... |
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Cases |
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| Bird v. Doiron |
7 Rob. (LA) 181, Supreme Court of Louisiana (March 01, 1844) |
1844 |
Appeal from the District Court of East Baton Rouge, Johnson, J. |
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Cases |
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| Blick v. Briggs |
6 Ala. 687, Supreme Court of Alabama (June 01, 1844) |
1844 |
WRIT of error to the County Court of Sumter. |
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Cases |
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| Bludworth v. Hunter |
9 Rob. (LA) 256, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeals from the District Court of Natchitoches, King, J. |
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Cases |
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| Booker v. Booker |
24 Tenn. 505, Supreme Court of Tennessee (December 01, 1844) |
1844 |
The bill is filed in this case by the executor of Peter R. Booker deceased, for a construction of his will. After having devised to his wife and to each of his children various legacies, the testator says: Should any of my children die without coming to maturity, or die without issue, either before or after coming of age, or should leave issue,... |
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Cases |
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| Bourne's Ex'r v. Mechan |
1 Gratt. 292, Supreme Court of Appeals of Virginia (December 01, 1844) |
1844 |
Affirm the decree. |
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Cases |
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| Boyd v. Dennis |
6 Ala. 55, Supreme Court of Alabama (January 01, 1844) |
1844 |
ERROR to the Circuit Court of Pike. |
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Cases |
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| Boyle's Adm'r v. Boyle |
4 B.Mon. 570, Court of Appeals of Kentucky (June 11, 1844) |
1844 |
Partnerships. Administrators. Sureties. ERROR TO THE GARRARD CIRCUIT. The case stated. THIS bill was filed in the name of John B. Boyle, in fant heir of John Boyle, deceased, by H. Arnold, his guardian, against Alexander Boyle, Jr., as surviving partner of John and Alexander Boyle, to have an account and settlement of the partnership, and also... |
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Cases |
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| Breaux v. Carmouche |
9 Rob. (LA) 36, Supreme Court of Louisiana (September 01, 1844) |
1844 |
Appeal from the District Court of Lafayette, Boyce, J. |
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Cases |
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| Brock v. Saxton |
5 Ark. 708, Supreme Court of Arkansas (July 01, 1844) |
1844 |
An exception which does not show that it was taken at the trial cannot be noticed in this court. Where there are subscribing witnesses to an instrument, secondary evidence cannot be received to establish it. The testimony of the witness, or proof of his hand-writing if he be beyond the jurisdiction, must be adduced. The parties by selecting the... |
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Cases |
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| Brown v. Brown |
5 Ired. 136, Supreme Court of North Carolina (December 01, 1844) |
1844 |
According to the rule, as finally established in Pickering v. Stamford, 2 Ves. Jr. 272, 581, and 3 Ves. 332, 493, the plaintiff would be entitled to a decree in England. It is there settled, and, as far as we see, properly settled, that a testamentary provision in lieu of thirds of the testator's real and personal estate, does not exclude the widow... |
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Cases |
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| Brown v. Stacy |
5 Ark. 403, Supreme Court of Arkansas (January 01, 1844) |
1844 |
The motion for a new trial was properly refused by the Circuit Court. There was no error in the instructions given to the jury. The whole question before them was one of fact, and this court will not review their decision upon such a case as is now before us. There is no such preponderance of evidence in this cause as will authorize our... |
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Cases |
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| Buie v. Kelly |
5 Ired. 169, Supreme Court of North Carolina (December 01, 1844) |
1844 |
It has been insisted here, that the instruction was erroneous, at least, in this respect: that as to the excess of the price above the sum of $550, which the plaintiff put at the time into her father's hands, viz: $122, the conveyance was voluntary from the father to the daughter, and, therefore, void; and, being void in part, is, under the... |
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Cases |
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| Burkett v. Layton |
7 Rob. (LA) 457, Supreme Court of Louisiana (April 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Calderwood v. Trent |
9 Rob. (LA) 227, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Ouachita, Curry, J. |
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Cases |
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| Caldwell v. Mayes |
6 Rob. (LA) 376, Supreme Court of Louisiana (January 01, 1844) |
1844 |
Appeal from the Commercial Court of New Orleans, watts, J. |
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Cases |
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| Calvert v. Marlow |
6 Ala. 337, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the County Court of Mobile. |
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Cases |
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| Carleton v. Banks |
7 Ala. 32, Supreme Court of Alabama (June 01, 1844) |
1844 |
Error to the Circuit Court of Tuscaloosa County. |
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Cases |
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| Carr v. Wellborn |
Dallam 624, Supreme Court of the Republic of Texas (June 01, 1844) |
1844 |
The plaintiff Monaghan, guardian of Carr, filed his bill in the district court on the 17th February, 1843, and alleges the pendency of a suit in the chancery court for the sixth district of the northern chancery division of the state of Alabama, held in Huntsville on the third Monday after the fourth Monday in November, 1840, commenced by original... |
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Cases |
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| Cecile v. St. Denis |
9 Rob. (LA) 231, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Natchitoches, King, J. |
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Cases |
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| Citizens Bank of Louisiana v. Tucker |
6 Rob. (LA) 443, Supreme Court of Louisiana (February 01, 1844) |
1844 |
Appeal from the Court of Probates of Lafourche Interior, McAllister, J. |
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Cases |
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| City Council of Charleston v. Weikman |
29 S.C.L. 371, Court of Appeals of Law of South Carolina (January 01, 1844) |
1844 |
1. In an action to recover a penalty imposed by an Ordinance of the City Council of Charleston, for an offence which consisted in keeping spirituous liquors, without license, in certain places therein mentioned, the declaration, to suit the various terms of the Ordinance, stated in the first count, the shop, in the second, the back... |
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Cases |
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| Clay v. Ballard |
9 Rob. (LA) 308, Supreme Court of Louisiana (December 01, 1844) |
1844 |
Appeal from the Commercial Court of New-Orleans, Watts, J. This was an action against Ballard, for the sum of $4,000, with interest, from the 10th of March, 1841, on the following obligation, annexed to the petition: New-Orleans, January 9, 1841. We, R. C. Ballard and Robert Slaughter, promise to pay to Henry Clay, Esq., the sum of five thousand... |
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Cases |
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| Clerry v. Spears |
29 S.C.L. 686, Court of Appeals of Law of South Carolina (May 01, 1844) |
1844 |
1. A contingent remainder is included in the description of estate, property and effects, mentioned in the Prison Bounds Act of 1788, and an omission to include such an interest in a prisoner's schedule is within the penalties of that Act. 2. A judgment creditor of the petitioner for the Prison Bounds Act, in behalf of the actors in the suggestion... |
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Cases |
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| Clow v. Tharpe |
3 Smedes & M. 64, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
A motion to quash a forthcoming bond, after the return term of the execution and bond, comes too late, whether the bond be void or only voidable. An order of the Court quashing a forthcoming bond after the return term, is itself void. The omission to insert in the condition of a forthcoming bond the words said property, after the word... |
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Cases |
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| Coalter's Ex'r v. Bryan |
1 Gratt. 18, Supreme Court of Appeals of Virginia (May 01, 1844) |
1844 |
(Absent Brooke and Stanard, J. ) 1. Upon a bill filed to contest the validity of a will which has been regularly admitted to probat, the function of the suit is exhausted when that question is decided: and if the will is declared invalid and null, it is not competent for the court to proceed in that cause, to make any farther decree. 2. A person,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Coffield's Ex'rs v. Collins |
4 Ired. 486, Supreme Court of North Carolina (June 01, 1844) |
1844 |
When money has been received by a trustee under a deed of trust for the purpose of being divided among several persons, and yet remains in his hands for the purpose of distribution pro rata, there not being enough to satisfy all the purposes of the trust, the distributive share, to which one of the persons will be so entitled, is not the subject of... |
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Cases |
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| Commissioners of Bank of Orleans v. Hodge |
8 Rob. (LA) 450, Supreme Court of Louisiana (July 01, 1844) |
1844 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Commonwealth v. Fuller |
8 Metcalf 313, Supreme Judicial Court of Massachusetts (October 01, 1844) |
1844 |
This indictment is founded upon ยง 15 of c. 127 of the Rev. Sts., which declares that every person, who shall counterfeit any gold or silver coin, current by law or usage within this State, and every person, who shall have in his possession, at the same time, ten or more pieces of false money or coin counterfeited in the similitude of any gold or... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Conwell v. Voorhees |
13 Ohio 523, Supreme Court of Ohio, In Bank (December 01, 1844) |
1844 |
A mail contractor is not liable to the owner of a letter containing money, transmitted by mail, and lost by the carelessness of the contractor's agents carrying the mail. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Cooper v. Day |
1 Rich.Eq. 26, Court of Appeals of Equity of South Carolina (December 01, 1844) |
1844 |
In general, the statements of a bill are not evidence against the plaintiff; where, however, he has sworn to the bill, they are evidence against him. Trust deed set up, as against the trustee and against his answer, on evidence of the contents, and that the trustee had had possession of the deed, and had acted under it. Cestui que trusts who have... |
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Cases |
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| Copley v. Lambeth |
9 Rob. (LA) 137, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the District Court of Ouachita, Curry J. |
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Cases |
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| Cowles v. Buchanan |
3 Ired.Eq. 374, Supreme Court of North Carolina (December 01, 1844) |
1844 |
The plaintiff's bill is so defectively drawn, that it is not in the power of the Court to grant him the relief he seeks, if he be entitled to it at all. LORD REDESDALE, in his Treatise on Chancery Practice, in describing the various parts of a Bill in Equity, and pointing out their respective uses, says, the right of the several parties, the injury... |
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Cases |
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| Cox v. Camp |
6 Rob. (LA) 425, Supreme Court of Louisiana (February 01, 1844) |
1844 |
Appeal from the District Court of Iberville, Deblieux, J. |
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Cases |
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| Crabtree's Adm'rs v. Crabtree |
5 Ark. 638, Supreme Court of Arkansas (July 01, 1844) |
1844 |
The court of probate of one county has no jurisdiction to assign dower in lands in another county. If, on appeal from the Probate Court, in a case of petition for assignment of dower, the Circuit Court, after reversing the judgment of the Probate Court, remands the case, instead of proceeding to give such final judgment as the court of probate... |
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Cases |
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| Craddock v. Stewart |
6 Ala. 77, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of Error to the Circuit Court of Lawrence. |
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Cases |
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| Cressap v. Winchester |
6 Rob. (LA) 458, Supreme Court of Louisiana (February 01, 1844) |
1844 |
Appeal from the Court of Probates of Iberville, Dutton, J. |
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Cases |
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| Crippen v. Bearden |
24 Tenn. 129, Supreme Court of Tennessee (September 01, 1844) |
1844 |
This bill is filed by the widow and infant chidren, by their guardian, of Samuel Odell, deceased, against the administrator Bearden, charging that through fraud or negligence he had failed to collect debts due the estate, and particularly the sum of $660 which Samuel Odell, in his lifetime, had paid to William Odell upon a verbal contract for the... |
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Cases |
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| Croom v. Davis |
6 Ala. 40, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of Error to the Court of Chancery of the 3d District of the Southern Division. |
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Cases |
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| Cullum v. Smith |
6 Ala. 625, Supreme Court of Alabama (June 01, 1844) |
1844 |
WRIT of error to the Circuit Court of Mobile county. |
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Cases |
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| Darden's Adm'r v. Burns' Adm'r |
6 Ala. 362, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Court of Chancery for the county of Benton. |
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Cases |
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| Davidson v. Shipman |
6 Ala. 27, Supreme Court of Alabama (January 01, 1844) |
1844 |
APPEAL from the Chancery Court of Tuskaloosa. |
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Cases |
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| Davis v. Hunter |
7 Ala. 135, Supreme Court of Alabama (June 01, 1844) |
1844 |
Writ of error to the Circuit Court of Dallas. |
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Cases |
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| Davis v. Newman |
41 Va. 664, Supreme Court of Appeals of Virginia (February 01, 1844) |
1844 |
The testator, after making large specific bequests, directed the residue of his estate to be divided into six parts, of which the executor was to have one, and the remaining five were divided among his children and grandchildren. He owed no debts, and the executor proceeded to make sundry payments to the five legatees. The payments were voluntary;... |
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Cases |
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