| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Baker v. Baker |
1 Rich.Eq. 392, Court of Appeals of Equity of South Carolina (May 01, 1845) |
1845 |
The Court of Equity has the power to sell the absolute fee in lands, on the application of the person having a defeasible fee, against the will of the contingent devisee. Per JOHNSON, CH. An application for such a sale opposed by the contingent devisee and refused by the court. |
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Cases |
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| Bank of Tennessee v. McKeage |
11 Rob. (LA) 130, Supreme Court of Louisiana (June 01, 1845) |
1845 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| Barclay v. Dupuy |
6 B.Mon. 92, Court of Appeals of Kentucky (October 04, 1845) |
1845 |
Case stated and decree of the Circuit Court. IN the early part of the year 1838, Joel M. Dupuy departed this life without children and possessed of a large estate, the whole of which, after payment of debts and specific legacies, he devised by his will made shortly before his death, to his wife, by the following clause: My will is, that all the... |
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Cases |
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| Barker v. Barker's Adm'r |
2 Gratt. 344, Supreme Court of Appeals of Virginia (October 01, 1845) |
1845 |
Affirm the judgment. |
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Cases |
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| Barnett v. Spratt |
4 Ired.Eq. 171, Supreme Court of North Carolina (December 01, 1845) |
1845 |
The plaintiff does not allege, that, from imbecility of mind, he was legally incapacitated from making a contract, but that it was so weak, as to render him an easy dupe to the artful designs of those who might be desirous to take advantage of it. He charges that James Spratt, who was his brother-in-law, availing himself of his knowledge of his... |
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Cases |
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| Battle v. Petway |
5 Ired. 576, Supreme Court of North Carolina (June 01, 1845) |
1845 |
A cestui que trust is not entitled to call for the legal estate, when, from the nature of the trust, his ownership is not immediate and absolute, and when it would defeat, or put it in his power to defeat or endanger, a legitimate ulterior limitation of the trust. Where by will made since 1827, property is conveyed to A. in trust for the use of B.... |
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Cases |
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| Baynton v. Finnall |
4 Smedes & M. 193, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
By the common law, the husband is entitled during coverture, to the usufruct of the wife's real estate, and a lease of her land by him is good during coverture; nor is the common law rule altered by the statute of February 15, 1839, entitled An act for the protection and preservation of the rights of married women. F., a judgment... |
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Cases |
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| Beale v. Walden |
11 Rob. (LA) 67, Supreme Court of Louisiana (May 01, 1845) |
1845 |
Appeal from the District Court of the First District, Buchanan, J. |
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Cases |
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| Bell v. Pharr |
7 Ala. 807, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Talladega. |
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Cases |
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| Bell v. Tombigbee R. R. |
4 Smedes & M. 549, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
An illegal order, quashing a forthcoming bond after the return term thereof, being absolutely void, does not affect the validity of the bond; and an execution may issue thereon, notwithstanding such order. An illegal order, quashing a forthcoming bond, at a term subsequent to its return term, does not vitiate the bond, and an execution therefore... |
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Cases |
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| Bennett v. Union Bank |
24 Tenn. 612, Supreme Court of Tennessee (April 01, 1845) |
1845 |
About the 1st of March, 1840, Alexander Patton and Wm. Taylor were and had been merchants and partners in trade in the town of Jackson, extensively engaged in business, making heavy purchases of goods on credit, and large sales in the same manner. In the course of these operations they became indebted to the branch of the Union Bank at Jackson, for... |
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Cases |
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| Bentley v. Harris' Adm'r |
2 Gratt. 357, Supreme Court of Appeals of Virginia (October 01, 1845) |
1845 |
(Absent Brooke, and Stanard, J.) 1. Although a creditor, having remedies against several persons, each equally responsible to him, may proceed to enforce payment of his debt from either, and is not bound to proceed against all, yet he waives this right, by convening all before the Court, and asking that the persons and subject of right chargeable... |
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Cases |
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| Bishops v. Gregory |
5 B.Mon. 359, Court of Appeals of Kentucky (April 28, 1845) |
1845 |
Execution sales. Purchasers. ERROR TO THE WASHINGTON CIRCUIT. The case stated. THIS was an action of detinue, brought by Gregory against Daniel and Solomon Bishop, for twenty-nine sheep and five lambs, and two mares and two fillies. The defendants plead non detinet, and a verdict and judgment having been rendered for the plaintiff, the defendants... |
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Cases |
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| Black v. J.W. Zacharie & Co. |
44 U.S. 483, Supreme Court of the United States (January 01, 1845) |
1845 |
When a creditor, residing in Louisiana, drew bills of exchange upon his debtor, residing in South Carolina, which bills were negotiated to a third person and accepted by the drawee, the creditor had no right to lay an attachment upon the property of the debtor, until the bills had become due, were dishonored, and taken up by the drawer. By the... |
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Cases |
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| Blackburn v. Hawkins |
6 Ark. 50, Supreme Court of Arkansas (July 01, 1845) |
1845 |
Where the words of a bequest are: I give and bequeath to my son W. two-thirds of my whole estate after the payment of my just debts and liabilities, and it is my will that my said estate remain in the hands of my executors until my said son arrives at the age of 21 years, when my executors are to have said estate valued and two-thirds of... |
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Cases |
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| Bogan v. Martin |
8 Ala. 807, Supreme Court of Alabama (June 01, 1845) |
1845 |
Error to the Circuit Court of Cherokee. |
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Cases |
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| Borland v. Mayo |
8 Ala. 104, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of Error to the Circuit Court of Lowndes. |
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Cases |
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| Borland v. Walker |
7 Ala. 269, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Chancery Court of Lowndes County. |
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Cases |
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| Bothwell v. Hamilton |
8 Ala. 461, Supreme Court of Alabama (June 01, 1845) |
1845 |
Error to the Orphans' Court of Jefferson. |
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Cases |
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| Boyers v. Vinson |
9 Rob. (LA) 518, Supreme Court of Louisiana (February 01, 1845) |
1845 |
Appeal from the District Court of Ascension, Nicholls, J. |
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Cases |
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| Branch Bank at Montgomery v. Wilkins |
7 Ala. 589, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to Circuit Court of Coosa. |
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Cases |
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| Broadnax v. Sims' Ex'r |
8 Ala. 497, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the Orphans' Court of Autauga. |
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Cases |
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| Broussard v. Broussard |
11 Rob. (LA) 445, Supreme Court of Louisiana (September 01, 1845) |
1845 |
Appeal from the District Court of Lafayette, Boyce, J. |
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Cases |
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| Broussard v. Gonsoulin |
12 Rob. (LA) 1, Supreme Court of Louisiana (September 01, 1845) |
1845 |
Appeal from the District Court of St. Martin, Boyce, J. |
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Cases |
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| Brown v. Cleary |
1 Rich.Eq. 319, Court of Appeals of Equity of South Carolina (March 01, 1845) |
1845 |
Where a woman, as cestui que trust, has a life interest in property in the hands of a trustee, and owes a debt, her creditor, if she owns no other property to which he can resort for the satisfaction of his demand, may, in equity, subject her income in such property to the payment of his debt. |
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Cases |
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| Buard v. Lemee |
12 Rob. (LA) 243, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the District Court of Natchitoches, Campbell, J. |
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Cases |
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| Budd v. Brooke |
3 Gill 198, Court of Appeals of Maryland (December 01, 1845) |
1845 |
The court below was right in rejecting the appellant's prayer in the first bill of exceptions. Instead of its specifying the parts of the testimony, to which the objection was intended to apply, the court was called upon to reject it in mass. If any part of it, therefore, was admissible, for the purpose for which it was offered, the court, in... |
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Cases |
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| Burdine v. Roper |
7 Ala. 466, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Circuit Court of Pickens. |
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Cases |
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| Burnett v. Handley |
8 Ala. 685, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the Circuit Court of Wilcox. |
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Cases |
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| Byne v. Byne |
1 Rich. 438, Court of Appeals of Law of South Carolina (May 01, 1845) |
1845 |
Where the service of a writ was set aside as illegal, and the plaintiff, without discontinuing the first, issued a second writ for the same cause, held, that the pendency of the first could not be objected to the second. Under the Act of '39, an attachment may be issued on the bond of the plaintiff's agent, whereby he personally undertakes to pay... |
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Cases |
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| Cabaness v. Matthews |
2 Gratt. 325, Supreme Court of Appeals of Virginia (July 01, 1845) |
1845 |
Without minutely stating all the facts of this case, it suffices for the decision of the question presented by this appeal from the order of the Court below dissolving the injunction that had been awarded the appellant to restrain the trustees in a deed of trust from the execution of it for the purpose of providing the funds to pay an obligation of... |
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Cases |
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| Carroll v. Moore |
7 Ala. 615, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Orphans' Court of Sumter. |
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Cases |
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| Carter & Harden v. Walker |
2 Rich. 40, Court of Appeals of Law of South Carolina (December 01, 1845) |
1845 |
A mere proposal by the purchaser of a chattel to return it to the seller, the chattel not being present, is not a sufficient tender back of the chattel so as to amount to a rescission of the contract of sale. If a purchaser, after tendering back a chattel, offers to sell it, he thereby treats it as his own and waives the tender; semble. In this... |
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Cases |
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| Carter v. Mannings |
7 Ala. 851, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Blount. |
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Cases |
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| Chambers v. McDaniel |
6 Ired. 226, Supreme Court of North Carolina (December 01, 1845) |
1845 |
The question before us is, whether or not, the paper writing, marked B in the case, is to be taken as a part of the last will of William McDaniel, deceased, and to be incorporated with the paper marked A, which is admitted by all parties to be testamentary. The propounders insist, that the paper B is to be now considered testamentary, although it... |
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Cases |
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| Chaney v. Tipton |
3 Gill 327, Court of Appeals of Maryland (December 01, 1845) |
1845 |
Upon a bill filed by husband and wife, against the co-heirs of the wife, to procure the division or sale of their father's real estate, of which he died seized and intestate, the fact, that one of the co-heirs, defendants, had purchased the wife's interest from her husband, and also the interest of the other heirs, no conveyance having been... |
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Cases |
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| Chapman v. Hardesty |
10 Rob. (LA) 34, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the District Court of East Feliciana, Johnson, J. |
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Cases |
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| Choppin v. Michel |
11 Rob. (LA) 233, Supreme Court of Louisiana (June 01, 1845) |
1845 |
Appeal from the District Court of West Baton Rouge, Deblieux, J. |
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Cases |
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| Christler's Ex'r v. Meddis |
6 B.Mon. 35, Court of Appeals of Kentucky (September 23, 1845) |
1845 |
Will. Tenant for life. Remainder. Conversion. APPEAL FROM THE LOUISVILLE CHANCERY COURT. The case stated, and will of Jesse Christler. THE questions presented for the determination of the Court, in this case, involves the construction of the following will of Fielding Christler, deceased. I, Fielding Christler, &c., do make and publish this... |
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Cases |
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| Christmas v. Mitchell |
3 Ired.Eq. 535, Supreme Court of North Carolina (June 01, 1845) |
1845 |
An inquisition, which merely states, that the party is of unsound mind, does not shew, even prima facie, that he is an idiot. But any inquisition as to lunacy or idiocy, is but presumptive evidence, in a suit inter alias partes, and may be rebutted by contradictory evidence. The ancient presumption of law, that one, who was born deaf... |
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Cases |
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| Clagett v. Worthington |
3 Gill 83, Court of Appeals of Maryland (June 01, 1845) |
1845 |
B devised to M: my dwelling, and all the grounds, land, &c., attached thereto, to hold during the life of my brother C, for the use of my said brother during his natural life; and after his death, I devise the same to M, to hold in trust for the use of P, the grandson of my brother C; and in case the said P should have issue of his body,... |
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Cases |
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| Clamorgan v. Lane |
9 Mo. 446, Supreme Court of Missouri (October 01, 1845) |
1845 |
1st. The limitation in the conveyance of Clamorgan to Brazeau and Brazeau to the children, did not restrain the children of Clamorgan from making partition before they were twenty-five years of age. The words of the limitation are, that they should not be able to use the same by selling, pledging, or mortgaging it, before the youngest should attain... |
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Cases |
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| Clapp v. Mock |
8 Ala. 122, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the Chancery Court at Montgomery. |
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Cases |
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| Clark v. Henry's Adm'r |
9 Mo. 339, Supreme Court of Missouri (July 01, 1845) |
1845 |
In 1836, Eleanor Erwin filed her bill in the Circuit Court of Lincoln county, against Francis Henry, executor of the last will and testament of Malcolm Henry, deceased. The bill was dismissed by the Circuit Court for want of equity. An appeal was taken to this court, and the decision of the Circuit Court for Lincoln county was reversed, and the... |
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Cases |
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| Clark v. Mosely |
1 Rich.Eq. 396, Court of Appeals of Equity of South Carolina (May 01, 1845) |
1845 |
Testator devised all his landed property to his wife for life, and at her death to be equally divided between his daughter Martha's lawfully begotten heirs' by H. her husband, and his daughter Rebecca. Martha survived the tenant for life. Held, that the term heirs must be construed in its technical sense, and that, Martha being... |
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Cases |
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| Clifton's Heirs v. Dougherty's Heirs |
5 B.Mon. 575, Court of Appeals of Kentucky (July 02, 1845) |
1845 |
The case stated. WE think this decree is according to the equity of the case throughout. The sale of the land was, to some extent, absolutely necessary for the payment of the debts of Clifton, some of which had a lien on the land itself, which was held only by bond. It can scarcely be doubted that there was less sacrifice in the sale actually made,... |
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Cases |
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| Clymer's Lessee v. Dawkins |
44 U.S. 674, Supreme Court of the United States (January 01, 1845) |
1845 |
A court is not bound to give instructions to the jury in the terms required by either party; it is sufficient if so much thereof are given as are applicable to the evidence before the jury, and the merits of the case as presented by the parties. The entry and possession of one tenant in common, is ordinarily deemed the entry and possession of all... |
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Cases |
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| Cobb v. Cage |
7 Ala. 619, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Madison. |
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Cases |
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| Coleman v. Commissioners of Lunatic Asylum |
6 B.Mon. 239, Court of Appeals of Kentucky (October 20, 1845) |
1845 |
The case stated THIS Writ of error is prosecuted for the reversal of a decree of the Fayette Circuit Court, that George Coleman pay to the Commissioners of the Lunatic Asylum, out of the profits of the estate of Henry Coleman, a lunatic, $669 16, for the support and maintenance furnished to the said Henry for about five years, during which he had... |
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Cases |
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| Collins v. Marshall |
10 Rob. (LA) 112, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the Court of Probates of West Feliciana, Weems, J. |
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Cases |
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