| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Davis v. Thompson |
9 Rob. (LA) 198, Supreme Court of Louisiana (October 01, 1844) |
1844 |
Appeal from the Court of Probates of Caldwell, Snow, J. |
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Cases |
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| De Blanc v. Mouton |
9 Rob. (LA) 48, 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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| Desha v. Scales |
6 Ala. 356, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Circuit Court of Talladega county. |
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Cases |
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| Dickinson v. Hoomes |
1 Gratt. 302, Supreme Court of Appeals of Virginia (December 01, 1844) |
1844 |
The court is of opinion, that the general intent of the testator, John Hoomes the elder, was to keep the property devised to his children respectively (placing his grandson upon the footing of a child) in his family, as long as he could consistently with the rules of law, and without cross remainders, but so as not to restrict the estates in fee... |
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Cases |
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| Dodge v. Manning |
11 Paige Ch. 334, Chancery Court of New York (January 01, 1844) |
1844 |
There is nothing in the testimony, in relation to what took place at the master's sale, to make the complainant's legacy a charge upon the several parcels of the premises in the hands of the purchasers; except as a mere notice to them, that such a claim was made. And if the mortgagor has suffered the mortgaged premises to be sacrificed, by... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Dow v. Ker |
17 S.C.Eq. 413, Court of Appeals of Equity of South Carolina (January 01, 1844) |
1844 |
1. Defendant, K., was indebted to his co-defendant, C., in several bonds, dated 17th January, 1838, payable in equal annual instalments, and secured by the mortgage of a plantation called Woodstock. 2. The debt due on the bonds being wholly unpaid, on the 7th April, 1840, the parties agreed, in writing, that K., in consideration that C. would give... |
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Cases |
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| Dowell v. Webber |
2 Smedes & M. 452, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
By the terms of the statute, it is plain that the bar of eighteen months, within which time claims against estates of decedents are required to be presented to the executor or administrator, does not attach, unless publication be made ascording to its directions. As a general rule, when the statute of limitations once commences, it runs on,... |
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Cases |
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| Downman v. Frow |
6 Ala. 879, 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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| Drummond v. Commissioners of Clinton and Port Hudson R. Co. |
7 Rob. (LA) 234, Supreme Court of Louisiana (April 01, 1844) |
1844 |
Appeal from the District Court of East Feliciana, Johnson, J. |
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Cases |
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| Ellis v. Jenny |
41 Va. 597, Supreme Court of Appeals of Virginia (January 01, 1844) |
1844 |
In 1792 the will of William Clarke was duly admitted to record, whereby he devised and bequeathed as follows: Touching such worldly estate as it has pleased God to bless me with, I give and devise in the manner and form following, to wit: Imprimis, I give and bequeath to my loving wife Ann Clarke my land and plantation whereon I now live;... |
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Cases |
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| Fanchonette v. Grange |
9 Rob. (LA) 86, 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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| Farmer v. Fisk |
9 Rob. (LA) 351, Supreme Court of Louisiana (December 01, 1844) |
1844 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Farmers' Bank of Canton v. Raynolds |
13 Ohio 84, Supreme Court of Ohio, In Bank (December 01, 1844) |
1844 |
An agreement with the principal to give time, without a good consideration, does not discharge a surety. To discharge a surety, the agreement must be binding, and suspend the creditor's right to sue. A mere delay to pursue remedies, or omission to enforce lines, does not operate to discharge the surety; to work his discharge, there must be some... |
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Cases |
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| Ferguson v. Dent |
8 Mo. 667, Supreme Court of Missouri (July 01, 1844) |
1844 |
I. The words in the deed, assumed in the first breach to be a covenant, that the eighty acres lay west and adjacent to the other tract, were mere matter of description, and no covenant. 2 Johns. R. 37. If a deed convey a lot containing 600 acres, with covenant of seizin, does not cover the quantity, and is not broken if there be less than 600... |
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Cases |
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| Ferrand v. Howard |
3 Ired.Eq. 381, Supreme Court of North Carolina (December 01, 1844) |
1844 |
The bill cannot be sustained against the administrator of Nicholas H. Jones. The court entertains bills very liberally for an executor against those who claim under the will, and for whom he is trustee, for the purpose of settling the construction, where there is a fair doubt. But the present plaintiff does not stand in that relation to Nicholas H.... |
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Cases |
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| Fink v. Martin |
8 Rob. (LA) 256, Supreme Court of Louisiana (June 01, 1844) |
1844 |
Appeal from the Court of Probates of New Orleans, Bermudez, J. |
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Cases |
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| Fletcher v. U.S. |
1 Hay. & Haz. 186, Circuit Court, District of Columbia (June 04, 1844) |
1844 |
At law. In error to the criminal court. The prisoner [Henry Fletcher] was indicted for an assault and battery by shooting a pistol with intent to kill Elizabeth Fletcher, and was convicted. |
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Cases |
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| Foggart v. Blackweller |
4 Ired. 238, Supreme Court of North Carolina (June 01, 1844) |
1844 |
An affirmation at the time of the sale of personal property is a warranty, if t?? appear from the evidence that the defendant did not mean merely to express an opinion, but to assert positively the soundness of the article sold, and that bidders should, upon the faith of that assertion, bid for the article as sound; otherwise it is not a warranty.... |
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Cases |
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| Follain v. Broussard |
9 Rob. (LA) 72, Supreme Court of Louisiana (September 01, 1844) |
1844 |
Nicholas and Edward Leblanc appealed from a judgment of the District Court of St Martin, King, J., in favor of the plaintiffs. |
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Cases |
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| Fortier v. Slidell |
7 Rob. (LA) 398, 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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| Foster v. Commonwealth |
Supreme Court of Pennsylvania (September 01, 1844) |
1844 |
For an act which happens to be both a public and a private wrong, the public and the party aggrieved each has a distinct concurrent remedy, the former by indictment, and the latter by an action suited to the particular circumstances of his case: the 26th and 27th sections of the Act of 16th June 1836, which provides the remedy and punishment for... |
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Cases |
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| Foster v. Means |
17 S.C.Eq. 569, Court of Appeals of Equity of South Carolina (May 01, 1844) |
1844 |
1. The authorities all agree that persons non compos mentis, or in the language of Chancellor Kent, those who have not the regular use of the understanding sufficient to deal with discretion in the common affairs of life, are incapable of agreeing to any contract, and of course, to that of matrimony. 2. The terms non compos mentis,... |
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Cases |
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| Frazier v. Brownlow |
3 Ired.Eq. 237, Supreme Court of North Carolina (June 01, 1844) |
1844 |
Property in the hands of a trustee, for the sole and separate use of a feme covert and subject to her absolute disposition, will be held liable in a Court of Equity for any debts she may contract, with an understanding, express or implied, that they are to be paid out of such property. This cause having been set for hearing, was transmitted by... |
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Cases |
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| Freeman v. Lewis |
5 Ired. 91, Supreme Court of North Carolina (December 01, 1844) |
1844 |
A vendor of a personal chattel is an incompetent witness to prove title in his vendee, because in every sale there is an implied warranty of title, if there be no contract to the contrary. But he becomes competent upon receiving from the vendee a release of his liability. A seal of a court is essential to the validity of a commission to take... |
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Cases |
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| Freeman v. Rhodes |
3 Smedes & M. 329, High Court of Errors and Appeals of Mississippi (November 01, 1844) |
1844 |
A creditor of a decedent cannot call the administrator of the intestate to account in the Probate Court, without averring that his claim is legally authenticated against the estate, and that there is an insufficiency of assets, or that the estate is insolvent. A general creditor, when there is no apparent impediment to the recovery of his claim by... |
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Cases |
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| Gaines v. Chew |
43 U.S. 619, Supreme Court of the United States (January 01, 1844) |
1844 |
It is impossible to lay down any general rule as to what constitutes multifariousness in a bill in equity. Every case must be governed by its own circumstances, and the court must exercise a sound discretion. A bill filed against the executors of an estate and all those who purchased from them, is not, upon that account alone, multifarious. Under... |
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Cases |
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| Galloway v. McKeithen |
5 Ired. 12, Supreme Court of North Carolina (December 01, 1844) |
1844 |
We think that the Judge erred in non-suiting the plaintiffs. The County Court of Brunswick, at the December Session, 1842, had a right to amend any omission in the record of the same court, which had taken place at June Term 1837, by the act of the court or the clerk. And, when the record was thus amended, it stood as if it had never been... |
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Cases |
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| Gardiner v. Cross |
6 Rob. (LA) 454, Supreme Court of Louisiana (February 01, 1844) |
1844 |
Appeal from the District Court of Lafourche Interior, Deblieux, J. |
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Cases |
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| Godfrey v. Hays |
6 Ala. 501, Supreme Court of Alabama (January 01, 1844) |
1844 |
ERROR to the Circuit Court of Sumter. |
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Cases |
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| Gordon v. His Creditors |
6 Rob. (LA) 328, 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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| Goubeau v. New Orleans & N.R. Co. |
6 Rob. (LA) 345, Supreme Court of Louisiana (January 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Grand Gulf Bank v. Barnes |
2 Smedes & M. 165, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
In a grant of property to a married woman, the words in her own right, would not, by the common law, convey a separate estate in the property to the wife, but would operate as a conveyance of the property to the husband. The statute of this state (How. & H. 332,) allowing married women to become seised, or possessed, of real or personal... |
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Cases |
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| Green v. Green |
3 Smedes & M. 256, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
A petition filed in the Probate Court by an executrix, against the legatees of her testator (one of whom was dead, and his share by the terms of the will passed to the survivors), and seeking to bring into contestation the estate of the original testator and that of the deceased legatee, being matters entirely distinct, and at the same time calling... |
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Cases |
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| Guerin v. Rivarde |
8 Rob. (LA) 457, Supreme Court of Louisiana (July 01, 1844) |
1844 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Gyles v. Valk |
29 S.C.L. 460, Court of Appeals of Law of South Carolina (January 01, 1844) |
1844 |
1. The defendant purchased from the plaintiffs's testatrix, who resided in London, her interest in the residuary personal estate of W., of Charleston, of which, in his will, he had made no disposition, and to a distributive share of which, as one of his next of kin, it was supposed she was entitled; but there being adverse claims, the executors... |
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Cases |
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| Hagan v. Hart |
6 Rob. (LA) 427, 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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| Haile v. Cantey |
29 S.C.L. 678, Court of Appeals of Law of South Carolina (May 01, 1844) |
1844 |
1. Trespass to try titles. The parcel of land in dispute was an old field consisting of two or three acres; defendant in 1839 entered as the tenant of the plaintiff of a house and some lands around it, the house standing a few yards north of the disputed land, which was situated between a cross fence built by defendant in 1842, and a piece of new... |
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Cases |
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| Halley v. Oldham |
5 B.Mon. 233, Court of Appeals of Kentucky (October 19, 1844) |
1844 |
Sale of land under execution. Trustees and trusts. ERROR TO THE MADISON CIRCUIT. The case stated THIS case presents, for the first time in this Court, the direct question whether a purchaser of land under an execution sale, who has purchased when neither he nor the creditor had notice of a prior executory contract between the debtor and another,... |
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Cases |
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| Harbin v. Levi |
6 Ala. 399, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the County Court of Lowndes county. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Haydel v. Betts |
6 Rob. (LA) 438, Supreme Court of Louisiana (February 01, 1844) |
1844 |
Appeal from the District Court of Assumption, Nicholls, J. |
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Cases |
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| Haydon v. Moore |
1 Smedes & M. 605, High Court of Errors and Appeals of Mississippi (January 01, 1844) |
1844 |
A copy of a recorded mortgage cannot be received in evidence in this State, without proof that the original mortgage was either lost or mislaid, or destroyed by time or accident, and not in the power of the party to produce. Proof that an original mortgage was on file in the chancery court at Jackson, as an exhibit in a cause therein pending, is... |
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Cases |
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| Haynes v. Crutchfield |
7 Ala. 189, Supreme Court of Alabama (June 01, 1844) |
1844 |
Writ of error to the Circuit Court of Benton. |
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Cases |
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| Haynes v. Tunstall |
5 Ark. 680, Supreme Court of Arkansas (July 01, 1844) |
1844 |
The plea of nul tiel record is properly triable by the court, and a mere irregularity in point of trial in determining such plea is no ground for new trial. The law fixing a sheriff's liability is plain and simple. It holds him in the discharge of proper diligence in office and levying process coming to his hands. And he can only discharge himself... |
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Cases |
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| Haynie v. Hall's Ex'r |
24 Tenn. 290, Supreme Court of Tennessee (December 01, 1844) |
1844 |
The bill is filed by the children of Jesse Haynie, deceased, against the executor of their father's will, to recover certain moneys which they allege came to the hands of the testator in his lifetime, and which belonged to them under the will of their grandfather, Elijah Humphreys, who died many years ago in North Carolina. The facts are shortly... |
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Cases |
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| Hays v. Borders |
1 Gilman 46, Supreme Court of Illinois (December 01, 1844) |
1844 |
This was an action on the case for aiding, assisting, and enticing away servants and apprentices, brought by the appellee against the appellant. The declaration contains seven counts. The first count is for aiding, etc., four of plaintiff's servants to absent themselves from his service, whereby, as he says, he lost their services from 15th... |
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Cases |
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| Heathman v. Hall |
3 Ired.Eq. 414, Supreme Court of North Carolina (December 01, 1844) |
1844 |
To constitute a conveyance to a trustee for a married woman, one for her sole and separate use, no technical language is ne??eessary. But it must appear unequivocally on the face of the instrument, to the satisfaction of the court, that the intention was to exclude the husband from any interference with the property conveyed. Where a conveyance was... |
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Cases |
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| Henderson v. Burton |
3 Ired.Eq. 259, Supreme Court of North Carolina (June 01, 1844) |
1844 |
The facts are so imperfectly stated, that we fear we shall be able to render much less assistance to the parties, to wards ascertaining their rights, than they expected from their appeals. The report of the master is not before us, except as certain facts of it appear in substance in the decree, nor does it appear whether Mr. Shipp had conveyed the... |
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Cases |
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| Herbert v. Moore |
Dallam 592, Supreme Court of the Republic of Texas (June 01, 1844) |
1844 |
This case comes up upon a judgment rendered pro forma for the appellee in the court below. The facts are in substance as follows: That on the night of the 27th May, 1842, certain horses and mules were stolen from the plantation and possession of the appellant in the county of Bastrop; and among them a mule, which is the subject of controversy. On... |
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Cases |
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| Hickerson's Adm'r v. Helm |
41 Va. 628, Supreme Court of Appeals of Virginia (February 01, 1844) |
1844 |
(Absent Cabell, P. and Brooke, J.) The rule laid down in Pulliam v. Winston &c. 5 Leigh 324. that a distributee purchasing at an administrator's sale cannot injoin the collection of the bond for his purchases until his distributive share is ascertained and set off against the bond, approved as a general one; but an exception to it recognized. In... |
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Cases |
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| Hill v. Duke |
6 Ala. 259, Supreme Court of Alabama (January 01, 1844) |
1844 |
WRIT of error to the Circuit Court of Benton county. |
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Cases |
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