| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Succession of Desorme |
10 Rob. (LA) 474, Supreme Court of Louisiana (May 01, 1845) |
1845 |
Appeal from the Court of Probates of Pointe Coupée, Cooley, J. |
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Cases |
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| Succession of Duplessis |
10 Rob. (LA) 193, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the Court of Probates of Plaquemines, Leonard, J. |
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Cases |
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| Succession of Hutchings |
11 Rob. (LA) 512, Supreme Court of Louisiana (September 01, 1845) |
1845 |
Appeal from the Court of Probates of St. Martin, Briant, J. |
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Cases |
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| Succession of Packwood |
12 Rob. (LA) 334, Supreme Court of Louisiana (December 01, 1845) |
1845 |
Appeal from the Court of Probates of New Orleans, Bermudez, J. |
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Cases |
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| Succession of Packwood |
9 Rob. (LA) 438, Supreme Court of Louisiana (January 01, 1845) |
1845 |
Appeal from the Court of Probates of New Orleans, Bermudez, J. |
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Cases |
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| Succession of Stafford |
12 Rob. (LA) 178, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the Court of Probates of Avoyelles, Baillio, J. |
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Cases |
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| Tarver v. Roffe |
7 Ala. 873, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Franklin. |
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Cases |
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| Taylor v. Taylor |
2 Rich.Eq. 123, Court of Appeals of Equity of South Carolina (December 01, 1845) |
1845 |
A decree by an ordinary against an administrator is no bar to a bill founded on the after-misconduct of the administrator. To a bill against an administrator for an account, his sureties may properly be made parties. |
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Cases |
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| Taylor v. Taylor |
1 Rich. 531, Court of Appeals of Law of South Carolina (May 01, 1845) |
1845 |
An executor is an incompetent attesting witness to a will of personal property, under the Act of 1824. The term credible, in the Act of '24, as well as in the statute of Frauds, means competent, and the competency of the witnesses relates to the time of attestation. The Stat. 25 Geo. 2, c. 6, (2 Stat. 580) is of force in this State, semble, but it... |
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Cases |
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| Tennant v. Stoney's Ex'x & Ex'rs |
1 Rich.Eq. 222, Court of Appeals of Equity of South Carolina (March 01, 1845) |
1845 |
Where a debtor executed a penal bond to two persons, styling them trustees for and in behalf of some of his simple contract creditors, named in a schedule thereunto annexed, with a condition, which, after reciting that the creditors had agreed to receive the principal of their debts, with interest at the rate of six per cent.,... |
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Cases |
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| Tharp v. Feltz's Adm'r |
6 B.Mon. 6, Court of Appeals of Kentucky (September 08, 1845) |
1845 |
Mortgages. Recitals. Rents. Jurisdiction. ERROR TO THE LOUISVILLE CHANCERY COURT. The allegations of the bills. THESE bills, now consolidated, were filed separately by Tharp and Burke, setting up demands against the estate of Feltz, amounting in the aggregate, to $4,000, besides interest. Cotton, who administered on the estate of Feltz at Natchez,... |
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Cases |
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| Thomas v. Gaines |
1 Gratt. 347, Supreme Court of Appeals of Virginia (February 01, 1845) |
1845 |
(Absent Cabell, P. and Stanard, J.) 1. A deed of marriage settlement made before the marriage, conveying the property of the wife, and in which the intended husband joined, is fraudulent and void as to subsequent purchasers from the husband, without notice, unless duly recorded. 2. The case of Pierce v. Turner, 5 Cranch 162, and the opinions of... |
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Cases |
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| Thomas v. Phillips |
4 Smedes & M. 358, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
A court of equity will not interfere, to give relief against a judgment at law, where the remedy at law was fully adequate and unembarrassed. After judgment at law the defendant therein has no right to come into equity, unless for some reason which prevented his defence at law, without negligence upon his own part; even though the contract upon... |
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Cases |
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| Thomson v. Mylne |
11 Rob. (LA) 349, Supreme Court of Louisiana (July 01, 1845) |
1845 |
Appeal from the District Court of the First District, Buchanan, J. This case grew out of the following agreement, and presented the question whether the instrument itself amounted to an absolute sale, vesting a title to one third of the property in Milligan, from its date. A full statement of the pleadings and evidence will be found in the opinion... |
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Cases |
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| Thornhill v. Gilmer |
4 Smedes & M. 153, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
The legal effect and operation of a mortgage of personal property after the condition is forfeited, is to invest the mortgagee with an absolute interest in the property mortgaged. The right of the grantor in a deed of trust of personal property therein, is not the subject of seizure and sale under execution at law. Equities and rights to redeem are... |
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Cases |
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| Tinnin v. Garrett |
4 Smedes & M. 207, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
A party is not bound to adopt any particular order, in the introduction of his testimony. To an action on a bond, with conditions, payment was plead; and the defendant asked a witness if the plaintiff had not sold him (the defendant) some property, and for how much, and how much had been paid? Which question the court refused permission to the... |
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Cases |
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| Toulmin v. Hamilton |
7 Ala. 362, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of Error to the Court of Chancery for the first district. |
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Cases |
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| Turner v. Parker |
10 Rob. (LA) 154, Supreme Court of Louisiana (March 01, 1845) |
1845 |
Appeal from the Commercial Court of New Orleans, Watts, J. |
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Cases |
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| U.S. v. Drennen |
Hempst. 320, District Court, D Arkansas (March 01, 1845) |
1845 |
Petition to quash execution: District of Arkansassct. To the Hon. Benjamin Johnson, Judge of the District Court of the United States in and for the District of Arkansas: Your petitioners, John Drennen and Elias Rector, as administrators of all and singular the goods and chattels, rights and credits of Wharton Rector, deceased,... |
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Cases |
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| U.S. v. Rogers |
Hempst. 450, Circuit Court, D Arkansas (January 01, 1845) |
1845 |
At the April term, 1845, of the said circuit court, the grand jury indicted William S. Rogers for the murder of Jacob Nicholson. Both Rogers and Nicholson were alleged in the indictment to be white men and not Indians. The offence was charged to have been committed within the jurisdiction of the court, that is to say, in that part of the Indian... |
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Cases |
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| Valderes v. Bird |
10 Rob. (LA) 396, Supreme Court of Louisiana (April 01, 1845) |
1845 |
Appeal from the District Court of East Baton Rouge, Johnson, J. |
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Cases |
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| Vaughan v. Williams |
3 McLean 530, Circuit Court, D Indiana (May 01, 1845) |
1845 |
At law. |
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Cases |
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| Wade v. American Colonization Soc. |
4 Smedes & M. 670, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
An executor is entitled to an appeal without surety, when the judgment or decree is to affect only the assets of the decedent in his hands. Aliter, where he is in a situation in which a personal judgment or decree can be rendered against him, and in which he may be responsible out of his own funds. Under the statute (H. & H. 513,) an appeal will... |
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Cases |
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| Wade v. Roberts |
25 Tenn. 124, Supreme Court of Tennessee (December 01, 1845) |
1845 |
Roberts, the complainant in the cross-bill, made a contract with one Elizabeth McDaniel, to attend to her interests, as agent, in a contest touching the validity of a paper propounded as the last will and testament of her deceased husband, and to receive and collect for her what might be her just claims upon the estate of her said husband, and,... |
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Cases |
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| Walker v. Hampton |
8 Ala. 412, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the Circuit Court of St. Clair. |
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Cases |
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| Walker v. McDowell |
4 Smedes & M. 118, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
An older judgment will bind personal property which has been sold under a junior judgment, unless something has occurred since the rendition of the older judgment which has discharged its lien. A levy on sufficient personal property is prima facie a satisfaction of the execution; but the presumption of satisfaction therefrom may be rebutted by... |
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Cases |
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| Wallace v. McCollough |
1 Rich.Eq. 426, Court of Appeals of Equity of South Carolina (May 01, 1845) |
1845 |
If a person, intending to convey lands, request a witness, who is present, to sign his name to the deed for him, which the witness does in his presence; quaere? is the deed sufficiently executed under the statute of frauds to convey the lands? Supposing such a deed not to be sufficiently executed to convey the lands, then quaere? can the person... |
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Cases |
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| Waller v. Logan's Heirs |
5 B.Mon. 515, Court of Appeals of Kentucky (April 01, 1845) |
1845 |
Witnesses. Depositions. Writs of error. Frauds, statute of. Executors. Change of venue. Jurisdiction. Surveys and Patents. ERROR TO THE BULLITT CIRCUIT. The opinion in this case was suspended and a petition filed by Waller, & c., for a re-hearing, and suggestions for a modification, filed by Logan's heirs, to which the Court responded on the 27th... |
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Cases |
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| Wash v. Randolph |
9 Mo. 142, Supreme Court of Missouri (January 01, 1845) |
1845 |
William S. Randolph, suing to the use of Alfred Tracy, brought his action of covenant against Robert Wash. Judgment was given against Wash, and to reverse it, he appeals to this court. From the bill of exceptions, it appears that the first day of the term to which the writ in this cause was returned, was the 20th day of November, 1843; that the... |
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Cases |
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| Watson v. May |
8 Ala. 177, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the County Court of Sumter. |
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Cases |
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| Wederstrandt v. Marsh |
11 Rob. (LA) 533, Supreme Court of Louisiana (September 01, 1845) |
1845 |
Appeal from the District Court of St. Martin, King, J. |
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Cases |
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| Wheat v. Croom |
7 Ala. 349, Supreme Court of Alabama (January 01, 1845) |
1845 |
Error to the County Court of Sumter. |
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Cases |
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| Wheeler v. Wheeler |
4 Ired.Eq. 210, Supreme Court of North Carolina (December 01, 1845) |
1845 |
If there be two clauses in a deed, repugnant or contradictory to each other, the first shall stand and the other be rejected. Cause removed from the Court of Equity, of Davie County, at the Fall Term, 1845. The following case was presented by the pleadings. The plaintiffs are the infant children of Claudius B. Wheeler and Anne his wife. They sue by... |
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Cases |
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| Whiteman v. Childress |
25 Tenn. 303, Supreme Court of Tennessee (December 01, 1845) |
1845 |
The questions in this cause for the consideration of the court arises out of an agreed case which present the following facts: On the 1st day of September, 1841, Wm. S. Whiteman was the owner and holder of a paper writing, in the words following, viz.: Twelve months after date I promise to pay W. H. Hunt, or order, nine hundred and twenty... |
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Cases |
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| Whiting v. Prentice |
12 Rob. (LA) 141, Supreme Court of Louisiana (October 01, 1845) |
1845 |
Appeal from the District Court of Carroll, Willson, J. |
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Cases |
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| Whiting v. Pritchard |
1 Rich. 304, Court of Appeals of Law of South Carolina (January 01, 1845) |
1845 |
In sci fa. to revive a judgment against an heir, semble, it should be made to appear on the face of the proceedings, that he is in possession of lands, of which his ancester died seized. The City Court of Charleston has no jurisdiction to issue a sci fa. to revive a judgment against parties who are not subject to the jurisdiction of the court.... |
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Cases |
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| Whitsett v. Womack |
8 Ala. 466, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the County Court of Sumter. |
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Cases |
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| Whitworth v. Stuckey |
1 Rich.Eq. 404, Court of Appeals of Equity of South Carolina (May 01, 1845) |
1845 |
Testator devised lands to his son, for and during his natural life, and at his death, to the lawful issue of his body; and if he should die without lawful issue, living at the time of his death, then, over. Held, that the limitation to the lawful issue of his body' served only to enlarge the estate of the son to a fee conditional at common law,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Wier v. Buford |
8 Ala. 134, Supreme Court of Alabama (June 01, 1845) |
1845 |
Writ of Error to the Circuit Court of Marengo. |
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Cases |
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| Williams v. State |
9 Mo. 270, Supreme Court of Missouri (July 01, 1845) |
1845 |
The defendants, with one Jesse Hines, were indicted by the grand jury of Howard county, at the June term, 1844, for a riot, under the seventh article of an act entitled an act concerning Crimes and Punishments, approved March 20, 1835, Rev. Code, 201. The indictment contained several counts in the usual form. At the foot of the last... |
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Cases |
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| Williamson v. Branch Bank |
7 Ala. 906, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Court of Chancery for the _ district of the southern division. |
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Cases |
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| Williamson v. Williamson |
6 B.Mon. 307, Court of Appeals of Kentucky (November 01, 1845) |
1845 |
Bills of Review. Injunction. Damages. Interest. ERROR TO THE MADISON CIRCUIT. The case stated. IN the first of the above named cases a writ of error is prosecuted for the reversal of a decree dismissing with costs and ten per cent. damages, F. Williamson's bill brought to review and reverse so much of a decree rendered in several consolidated cases... |
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Cases |
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| Wingate v. Wallis |
5 Smedes & M. 249, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
A court of probate cannot, in vacation, compel an administrator to appear before it and give additional security upon his administrator's bond; and if it cite him to do so, the proceeding is coram non judice, and therefore void. A judge of probate has no authority to issue process, to command the sheriff to take property of an intestate out of the... |
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Cases |
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| Wingate v. Wooten |
5 Smedes & M. 245, High Court of Errors and Appeals of Mississippi (January 01, 1845) |
1845 |
If letters of administration are granted, without good security being required by the probate court, of the administrator, on his bond, or if the security taken shall afterwards become insufficient, the court granting the administration cannot make it, without giving the administrator an opportunity to give further security, and perfect his bond.... |
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Cases |
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| Winston v. Metcalf |
7 Ala. 837, Supreme Court of Alabama (January 01, 1845) |
1845 |
Writ of error to the Circuit Court of Sumter. |
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Cases |
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| Withers v. Hickman |
6 B.Mon. 292, Court of Appeals of Kentucky (October 29, 1845) |
1845 |
The case stated. THESE several suits were instituted by the infants, by Thomas J. Thurman, their next friend, and statutory guardian, against Withers, their former guardian, who had been removed by the orders of the County Court, for the recovery of the proceeds of their estate, all of which had arisen from the sale of a small tract of land of 100... |
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Cases |
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| Wood v. Weir |
5 B.Mon. 544, Court of Appeals of Kentucky (June 30, 1845) |
1845 |
Malicious suit. Probable cause. Case. ERROR TO THE FAYETTE CIRCUIT. Case stated WEIR exhibited his bill in Chancery, prepared by Sayre as his attorney, against Wood, his debtor, and principal in several liabilities, amounting in the aggregate to near $4,000, under the statutes of 1828 and 1838, (2 Statute Laws, 1441,) and (3 Stat. Law, 116,) in... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Adams v. Garrett |
12 Ala. 229, Supreme Court of Alabama (June 01, 1847) |
1847 |
Writ to Error to the Circuit Court of Cherokee. |
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Cases |
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| Adams v. Rowan |
8 Smedes & M. 624, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
A note, the consideration of which was valid and legal between the original parties, may become void for illegality as to subsequent parties who are also parties to the illegality, and even as to a bona fide holder, if he be compellable to trace his title through the parties to the illegal consideration, and such passage of title be void by law. If... |
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Cases |
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| Adams v. Turrentine |
8 Ired. 147, Supreme Court of North Carolina (December 01, 1847) |
1847 |
An action of debt will lie against a sheriff under our Statute for a negligent escape of a prisoner confined for debt, even though there was no actual negligence. There are only two kinds of escape, known to our law, of a prisoner confined for debt; one voluntary and the other negligent, except where the prisoner has escaped by the Act of God or of... |
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Cases |
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