Title | Citation | Year | Summary | Most Relevant | Type | Status |
Brown v. Turner |
11 Ala. 752, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Circuit Court of Washington. |
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Cases |
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Bryan v. Atchison |
2 La.Ann. 462, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the District Court of Carroll, Mayo, J. The facts of this case are stated in the opinion of the court, infra. |
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Cases |
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Buchanan v. Matlock |
27 Tenn. 390, Supreme Court of Tennessee (December 01, 1847) |
1847 |
There is a question of law and a question of fact presented for the consideration of the court in this case. The question of law is whether a will which has been lost, suppressed, or destroyed can be set up by a decree of a court of chancery. This question, though not entirely new in this state, has never, as yet, received a full and thorough... |
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Cases |
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Buchanan v. Pue |
6 Gill 112, Court of Appeals of Maryland (December 01, 1847) |
1847 |
This is an appeal from a decree of the Chancellor, of the 1st June, 1846, by which it was ordered, that the specific legacy which had been delivered to the defendant by the complainant, should be returned to the complainant, to be applied by him as the executor of Edward Buchanan, in satisfaction of the testator's debts. From this decree, the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Cairns v. Iverson |
3 Kelly 132, Supreme Court of Georgia (July 01, 1847) |
1847 |
The defendant in error filed his bill against the plaintiff in error, alleging that he, the complainant, in 1837, sued John Dillingham as administrator of George W. Dillingham, to recover a debt due by the said George W. in his life time. That at the May Term 1841, of Muscogee Superior Court, (the defendant having pleaded plene administravit,) he... |
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Cases |
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Calloway v. Roane |
7 Ark. 354, Supreme Court of Arkansas (January 01, 1847) |
1847 |
Upon a motion for judgment, on a forfeited delivery bond, stating the facts necessary to give the court jurisdiction over the person of the defendants, the court may, on judgment by default, assess the damages under the 2d and 3d sec's of the act of 1843. Pelham v. Page, 6 Ark. 148, as to the above point overruled. Writ of Error to the Circuit... |
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Cases |
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Cameron v. Clarke |
11 Ala. 259, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Circuit Court of Pickens. |
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Cases |
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Carr v. Crain |
7 Ark. 241, Supreme Court of Arkansas (January 01, 1847) |
1847 |
The plaintiff in error, after the testimony was closed, moved the court to instruct the jury to find as in case of a non-suit. The power of the circuit courts to order peremptory non-suits was fully discussed and settled in the case of Martin & Van Horn v. Webb, 5 Ark. R. 74. The court, in that case, fully recognized the doctrine laid down in 1... |
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Cases |
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Carr v. Holliday |
5 Ired.Eq. 167, Supreme Court of North Carolina (December 01, 1847) |
1847 |
The bill seeks to rescind certain contracts entered into between the intestate, Robert Carr, and the defendant. The case was under the consideration of this Court, at June Term 1836. 1 Dev. & Bat. 344. The Court then declared Robert Carr to be a lunatic, and to enable it to decide whether the contracts should be rescinded, they directed a reference... |
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Cases |
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Carter v. Buchannon |
3 Kelly 513, Supreme Court of Georgia (November 01, 1847) |
1847 |
[1.] Res gestæ are the circumstances, acts and declarations which grow out of the main fact, are contemporaneous with it, and serve to illustrate its character. [2.] Declarations of a party, to be admitted as part of the res gestæ must be at the time of the transaction they are intended to explain; must be calculated to unfold its nature and... |
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Cases |
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Cavelier v. Moss |
2 La.Ann. 584, Supreme Court of Louisiana (May 01, 1847) |
1847 |
Appeal from the Parish Court of New Orleans, Maurian J. |
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Cases |
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Cawthorne v. Knight |
11 Ala. 268, Supreme Court of Alabama (January 01, 1847) |
1847 |
Appeal from the Orphans' Court of Henry. |
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Cases |
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Chambliss v. Atchison |
2 La.Ann. 488, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the District Court of Carroll, Mayo, J. |
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Cases |
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Chandler v. State |
2 Tex. 305, Supreme Court of Texas (January 01, 1847) |
1847 |
Appeal from Travis County. A judgment will not be reversed for an erroneous instruction unless the applicability of the instruction to the issue may be seen from the record. [[[[[4 Tex. 8.] A party seeking to reverse a judgment must show that the judgment is erroneous. [Ante, 297.] To authorize a reversal it must appear that the error complained of... |
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Cases |
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Charlton v. Unis |
4 Gratt. 58, Supreme Court of Appeals of Virginia (July 01, 1847) |
1847 |
(Absent Brooke, J.) 1. The previous statements of a witness, whether oral or written, may be introduced in evidence to impeach his credibility; but not as evidence of any fact touching the issue to be tried. 2. The previous statements on oath of a witness having been introduced for the purpose of impeaching his credibility, it is not competent to... |
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Cases |
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Cheatham v. Cheatham |
10 Mo. 296, Supreme Court of Missouri (January 01, 1847) |
1847 |
This was an application for a divorce, a vinculo matrimonii. The petitioner, Martha S. Cheatham, set forth in her petition that she was married to Joseph B. Cheatham on the 11th day of September, 1846, at the county of Saline; that they cohabited together as husband and wife until the 22nd November, 1846, at which time, the petitioner alleges, the... |
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Cases |
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Chinn v. Stout |
10 Mo. 709, Supreme Court of Missouri (July 01, 1847) |
1847 |
To hold that the property so taken by the widow must be sold before the husband's lands, for the payment of his debts, would be virtually repealing the third section of the Dower act, or driving it out of use, as the widow is required to make her election in six months, and creditors have three years to prove up their debts; and as it is not... |
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Cases |
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Chisholm's Heirs v. Ben |
7 B.Mon. 408, Court of Appeals of Kentucky (July 19, 1847) |
1847 |
Wills. Evidence. Revocation of wills. ERROR TO THE GREEN CIRCUIT. Case stated. THE County Court of Green county having rejected, as not sufficiently proved, a paper offered for probate as containing the substance of the will of Benjamin Chisholm, the case was taken by appeal, into the Circuit Court for the same county, where the judgment of the... |
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Cases |
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Chisolm v. Gadsden |
32 S.C.L. 220, Court of Appeals of Law of South Carolina (February 01, 1847) |
1847 |
If a Broker sell property to one, knowing it to be subject to the lien of a fieri facias, and conceal the fact; or if he direct an investigation about incumbrances on the property, to be made in a direction whence he knows correc?? information cannot be obtained, his conduct is calculated to deceive and injured and is therefore fraudulent. False... |
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Cases |
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Clark v. Cordon |
8 Ired. 179, Supreme Court of North Carolina (December 01, 1847) |
1847 |
One is at some loss to conjecture, why this suit should have been brought. The relator has a plain remedy against Cordon on his note; and, if he were to recover against the sureties, there could be little hesitation to relieve them in equity upon such dealings between their principal and his ward. However, that question is not before us now. But... |
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Cases |
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Clark v. Preston |
2 La.Ann. 580, Supreme Court of Louisiana (May 01, 1847) |
1847 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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Clarke v. Gary |
11 Ala. 98, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Circuit Court of Sumter. |
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Cases |
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Clarke v. Scott |
2 La.Ann. 907, Supreme Court of Louisiana (October 01, 1847) |
1847 |
Appeal from the District Court of Ouachita, Selby, J. |
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Cases |
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Clements v. Elliott |
11 Ala. 360, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Circuit Court of Tuscaloosa. |
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Cases |
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Clopton v. Martin |
11 Ala. 187, Supreme Court of Alabama (January 01, 1847) |
1847 |
Writ of Error to the Court of Chancery for the thirty-second district. |
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Cases |
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Coats v. Robinson |
10 Mo. 757, Supreme Court of Missouri (July 01, 1847) |
1847 |
The administrators of Joseph D. Johnson filed a bill in chancery in 1845, against William Coats and his wife, and Thomas Callaway, and the heirs of said Johnson, for the purpose of obtaining payment of a note executed by said Coats and wife and Callaway, out of the separate estate of said Cena Coats. The facts charged in the bill were, that in... |
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Cases |
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Colburn v. Mathews |
32 S.C.L. 232, Court of Appeals of Law of South Carolina (January 01, 1847) |
1847 |
In the sale of an unnegotiable security, there is no implied warranty of either ts goodness or money value. There is no fraud in the fact that two partners confess a judgment to a third. A Judge may very properly stop the examination, in reply to evidence which could not have established fraud. It is the duty of the Judge to tell the jury when, in... |
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Cases |
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Cole v. Lucas |
2 La.Ann. 946, Supreme Court of Louisiana (October 01, 1847) |
1847 |
Appeal from the District Court of Catahoula, Mayo, J. |
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Cases |
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Coles v. Anderson |
27 Tenn. 489, Supreme Court of Tennessee (December 01, 1847) |
1847 |
It appears from the pleadings and proof in this cause that the complainant was accommodation-endorser of a note made by William Summerhill, Lawrence Sypert, and Robert Sypert, for $375.25, upon which suit was brought on the 20th day of January, 1845, in the circuit court of Wilson county, against the makers, and complainant, as endorser, jointly;... |
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Cases |
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Collingsworth v. Covington |
2 La.Ann. 406, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the Court of Probates of Tensas, Montgomery, J. |
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Cases |
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Com. v. Richardson |
8 B.Mon. 81, Court of Appeals of Kentucky (December 18, 1847) |
1847 |
Case stated. THIS action was brought against Richardson and his sureties, upon his bond as administrator of Lawrence Thompson, deceased, to recover for an alleged devastavit. The declaration states the bond and condition, and also a judgment of September, 1846, in favor of the relator against the administrator, for $1,097 28, with interest from its... |
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Cases |
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Commercial Bank of Natchez v. Chambers |
8 Smedes & M. 9, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
An act of the legislature, which is inconsistent with the provisions of a former act, repeals the former by implication, from necessity, although it may not propose a repeal. Therefore where, by an act of the legislature, it was provided that when the charters of banks were declared forfeited, the debts due by and to them should not be... |
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Cases |
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Commonwealth v. Hays |
8 B.Mon. 1, Court of Appeals of Kentucky (December 07, 1847) |
1847 |
Taxation. Revenue. ERROR TO THE JEFFERSON CIRCUIT. Question stated THE only question presented in this case is, whether under the statutes of 1837, (3 Stat. Law, 511,) and of 1845, (Sess. Acts, 80,) for equalizing taxation, and which in effect requires the citizen to give in for taxation, in addition to the list of specific property, his own... |
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Cases |
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Cook v. Kennerly |
12 Ala. 42, Supreme Court of Alabama (June 01, 1847) |
1847 |
Error to the Circuit Court of Lauderdale. |
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Cases |
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Cook v. Moffat |
46 U.S. 295, Supreme Court of the United States (January 01, 1847) |
1847 |
A contract, made in New York, is not affected by a discharge of the debtor under the insolvent laws of Maryland, where the debtor resided, although the insolvent law was passed antecedently to the contract. THIS case was brought up, by writ of error, from the Circuit Court of the United States for the District of Maryland. Cook was a citizen of... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Coon v. Rice |
7 Ired. 217, Supreme Court of North Carolina (June 01, 1847) |
1847 |
If the property had been land, and Joseph Richards had devised it to his daughter Elizabeth Coon for life, at the end of which, to the only heirs of her body, this to the aforementioned, to them and their heirs, it would in law have been an immediate estate tail, vested in Elizabeth Coon. In looking over the whole will, there is not a word in it,... |
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Cases |
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Copley v. Moody |
2 La.Ann. 487, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the District Court of Madison, Curry, J. |
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Cases |
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Costar v. Davies |
8 Ark. 213, Supreme Court of Arkansas (July 01, 1847) |
1847 |
An action cannot be maintained on an original contract for goods sold and delivered by one who has received a note as conditional payment and passed the note away. A promissory note given and received in discharge of an open account, is a bar to an action on the account, though the note is unpaid. Without a special contract, a note will not, of... |
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Cases |
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Costigan v. Sewall |
6 Gill 232, Court of Appeals of Maryland (December 01, 1847) |
1847 |
The first question to be determined is, whether the payments made to the appellee are to be credited at their nominal amount, or for such sum as that amount of Mississippi bank notes would have purchased in specie. There is nothing in the contract between the parties which indicates an understanding between them, that Susan R. Dorsey was to allow... |
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Cases |
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COSTS FOR LIBELLING THE BRIG MALAGA. |
4 U.S. Op. Atty. Gen. 565 (May 11, 1847) |
1847 |
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Administrative Decisions & Guidance |
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Course v. Forshey |
2 La.Ann. 402, Supreme Court of Louisiana (April 01, 1847) |
1847 |
Appeal from the District Court of Concordia, Farrar, J. |
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Cases |
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Covey v. State |
1 Morr.St.Cas. 349, High Court of Errors and Appeals of Mississippi (January 01, 1847) |
1847 |
A motion in arrest of judgment in a criminal case, is confined to defects apparent upon the face of the record itself, and which make the proceedings apparently erroneous; and therefore no defect in evidence, or improper conduct on the trial can be urged under such a motion. |
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Cases |
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Crawford v. Jones |
2 La.Ann. 826, Supreme Court of Louisiana (September 01, 1847) |
1847 |
Appeal from the District Court of Avoyelles, King, J. |
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Cases |
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Creath's Adm'r v. Sims |
46 U.S. 192, Supreme Court of the United States (January 01, 1847) |
1847 |
The following principles of equity jurisprudence may be affirmed to be without exception; namely, that whosoever would seek admission into a court of equity must come with clean hands; that such a court will never interfere in opposition to conscience or good faith; that it will never be called into activity to remedy the consequences of laches or... |
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Cases |
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Cumming v. Biossatt |
2 La.Ann. 794, Supreme Court of Louisiana (September 01, 1847) |
1847 |
Appeal from the District Court of Rapides, King, J. |
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Cases |
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Cumming v. Cumming |
3 Kelly 460, Supreme Court of Georgia (November 01, 1847) |
1847 |
[1.] A mortgagee cannot enforce his mortgage against the property of a subsequent purchaser, as long as there is other property of the mortgagor remaining, sufficient to satisfy the mortgage debt. He can resort to the property sold only for what remains unpaid of his claim after the other mortgage estate is exhausted. [2.] There is no contribution... |
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Cases |
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Cunningham v. Cheatham |
8 Ark. 187, Supreme Court of Arkansas (July 01, 1847) |
1847 |
In action upon a conditional bond, it is sufficient to assign breaches in the words of the contract, either negatively or affirmatively, or in words co-extensive with its legal import or effect: and so, in an action upon a delivery bond, it is sufficient to negative the delivery of the property according to the condition of the bond, and affirm... |
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Cases |
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Cunningham v. Cunningham |
4 Gratt. 43, Supreme Court of Appeals of Virginia (July 01, 1847) |
1847 |
(Absent Brooke, J.) 1. Infant children live with their mother on her dower estate, and are supported by her, for which no charge is made by her. But during this time the nett proceeds of her estate are not equal to her expenses; and the guardian of the children pays these expenses to a large amount, which she has not repaid him. Upon a bill by one... |
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Cases |
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Danforth v. Talbot's Adm'r |
7 B.Mon. 623, Court of Appeals of Kentucky (October 02, 1847) |
1847 |
BY the will of Cyrus Talbot, admitted to record in September, 1833, the testator, intimating clearly the intention to dispose of his entire estate, devised to Paul I. Booker all the estate he might die possessed of, in trust and to be subject to the dispositions made in the will, as follows: By article 2, $5,000 or one-fourth part of the money,... |
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Cases |
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Darby v. Swartz |
11 Mo. 217, Supreme Court of Missouri (October 01, 1847) |
1847 |
1. The question in dispute is, whether the plaintiff, public administrator of the county of St. Louis, representing the creditors of the insolvent estate of Samuel A. Childs, or the defendant, claiming under execution issued against a partner for an individual debt, and levied on partnership property, be entitled to the possession of the property.... |
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Cases |
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