| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Williamson v. Com. |
4 Gratt. 547, General Court of Virginia (December 01, 1847) |
1847 |
It is the unanimous opinion of the Judges of this Court, that the decision of the Circuit Court, admitting the declarations of the man Allen to be given in evidence, was erroneous, there not being sufficient proof of a conspiracy or connection between him and the prisoner, to justify the giving of his declarations in evidence. The judgment of the... |
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Cases |
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| Willis v. Dudley |
10 Ala. 933, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Circuit Court of Lowndes. |
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Cases |
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| Wills v. Spraggins |
3 Gratt. 555, Supreme Court of Appeals of Virginia (January 01, 1847) |
1847 |
(Absent Daniel, J.) The sentence of a Court of Probat fairly obtained and pronounced upon the merits, by which a paper propounded as a will by the nominated executor, is rejected, in a proceeding in which some of the next of kin interested to defeat it, are parties defendants, is conclusively binding upon a legatee in said paper, though he was an... |
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Cases |
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| Wood v. Ashe |
32 S.C.L. 407, Court of Appeals of Law of South Carolina (May 01, 1847) |
1847 |
Where the unsoundness of an article was known to the purchaser, the law will imply no warranty of unsoundness. The express contract, whatever it may be, excludes any implied one, and is alone the evidence of what was intended by the parties. Parol, contemporaneous evidence cannot be received, to contradict, vary or add to the terms of a written... |
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Cases |
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| Wooden v. Butler |
10 Mo. 716, Supreme Court of Missouri (July 01, 1847) |
1847 |
Wooden brought an action of assumpsit in the Hannibal Court of Common Pleas, against Butler, for use and occupation of certain leasehold property. The defendant appeared and pleaded the general issue, and demurred at the same time to the plaintiff's declaration. The demurrer was argued, overruled and withdrawn. At the November term, 1846, of said... |
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Cases |
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| Wright v. McAlexander |
11 Ala. 236, Supreme Court of Alabama (January 01, 1847) |
1847 |
Error to the Chancery Court of Huntsville. |
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Cases |
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| Young v. Gibson |
2 Tex. 417, Supreme Court of Texas (December 01, 1847) |
1847 |
The question in this case is whether the defendant in the court below was entitled under the circumstances of the case to a new trial. He had made an application for a continuance for the want of testimony. It appears from the record that his application was overruled and he was forced into a trial on the ground that he could prove the same fact by... |
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Cases |
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| Adams v. Barrett |
5 Ga. 404, Supreme Court of Georgia (August 01, 1848) |
1848 |
[1.] In Georgia, the person injured is not bound to prosecute the offender to conviction or acquittal, before he is entitled to bring an action for the civil injury, except in cases of treason, and of such crimes as are felonies by the Common Law. [2.] Such crimes as, by the Common Law, are followed by judgment of forfeiture of lands or goods, or... |
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Cases |
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| Adams v. Broughton |
13 Ala. 731, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Marengo. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Adams v. Lear |
3 La.Ann. 144, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Ascension, Burk, J. |
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Cases |
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| Allen v. Lee |
1 Ind. 58, Supreme Court of Indiana (May 01, 1848) |
1848 |
This was an action of debt brought by David Allen, administrator de bonis non of the estate of James Woods, deceased, upon a promissory note for the payment of 310 dollars on or before the 1st day of October, 1843, by Lee to Woods, and executed in the life time of the latter. There are three pleas. The first alleges that the note was given for part... |
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Cases |
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| Anderson v. Pryor |
10 Smedes & M. 620, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
It is competent for a volunteer in the army of the United States, in Mexico, who is a citizen of this state, to make his last will and testament while abroad in Mexico. And a letter, written by such volunteer, from Mexico, throughout in his own handwriting, in which he expresses his desire and intention, in case of his death, that his property... |
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Cases |
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| Andrews v. Hall |
15 Ala. 85, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Orphans' Court of Dallas. Before the Hon. A. S. Saffold, Judge. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Angelina v. Whitehead |
3 La.Ann. 556, Supreme Court of Louisiana (August 01, 1848) |
1848 |
Appeal from the District Court of Lafayette, Overton, J. |
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Cases |
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| Anthony v. Percifull |
8 Ark. 494, Supreme Court of Arkansas (January 01, 1848) |
1848 |
The Bank of the State recovered judgment on a note in which R. was principal, and A. and P. securities. P. paid part of the judgment to the bank, and gave his note for the balance-held that he thereby extinguished the judgment, and might sue his co-security for contribution. Held further, that R., having given an indemnity to his securities, did... |
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Cases |
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| Armstrong v. Baker |
9 Ired. 109, Supreme Court of North Carolina (December 01, 1848) |
1848 |
Armstrong and wife took no proofs. The executor examined several witnesses; but it is not necessary to state this evidence particularly, or further than to remark generally, that it substantially sustains the case made in the executor's allegation. The Court, however, deems the original allegation so essentially defective, that upon its face it... |
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Cases |
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| Armstrong v. Park's Devisees |
28 Tenn. 195, Supreme Court of Tennessee (September 01, 1848) |
1848 |
On the 3d day of January, 1845, William Park made and published his last will and testament, in substance as follows: It is my will and desire that my beloved wife, Jane Crozier Park, shall, from and after my decease, have and enjoy the exclusive and uncontrolled possession of my dwelling-house and the lot on which it stands, with all the... |
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Cases |
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| Arrowsmith v. Burlingim |
4 McLean 489, Circuit Court, D Illinois (December 01, 1848) |
1848 |
The plaintiff showed title derived from the United States, and possession of the premises by the defendant. The defendant shows a connected title from the auditor of Illinois upon a sale of the land for taxes in 1829, under the law of 1827. The deed bears date in 1831. The sale was to Cavarly, who sold the premises to _____ in 1834, and gave a... |
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Cases |
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| Arthur v. Commercial & R. Bank |
9 Smedes & M. 394, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
A bank may make an assignment of its effects for the payment of its debts; such assignments, whether made voluntarily, or by operation of law, have often been upheld. No definite trust attaches to the assets of a bank in favor of all the creditors; a bank may pay one creditor to the exclusion of all others, or may make a partial assignment of part... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Atkins v. Kron |
5 Ired.Eq. 207, Supreme Court of North Carolina (June 01, 1848) |
1848 |
Aliens cannot hold land, but the sovereign may take it; and a trust of land for an alien cannot beenforced by the alienee, but may be by the sovereign in equity. It is the nature of a trust to be subject in equity to the same rules, as to its acquisition and alienation and the succession to it, as the legal estate is. Hence those persons only, who... |
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Cases |
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| Attorney General v. Jolly |
21 S.C.Eq. 379, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
Testator devised and bequeathed the whole of his estate, both real and personal, to his wife for life, and after her death, to the Methodist Church of which she may be a member at the time of her death, to be appropriated to the uses and purposes which the conference may deem most advantageous for said church; more especially, &c.-held that the... |
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Cases |
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| Augusta Ins. & Banking Co. v. Morton |
3 La.Ann. 417, Supreme Court of Louisiana (April 01, 1848) |
1848 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. The facts of this case are stated in the opinion of the court infrâ. |
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Cases |
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| Bank of Louisiana v. Briscoe |
3 La.Ann. 157, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Bank of Port Gibson v. Baugh |
9 Smedes & M. 290, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The dissolution of a partnership disables any one of the partners from contracting new debts, or buying, or selling, or pledging goods on account of the firm. Where, therefore, a surviving partner executed his notes, as such, and had them discounted in bank, and executed a mortgage as surviving partner on partnership property to secure their... |
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Cases |
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| Banks v. Evans |
10 Smedes & M. 35, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
It seems that a court of chancery has jurisdiction of a bill to have a deed cancelled, which is alleged to constitute a cloud upon the complainant's title; as where two persons have each purchased the same lands under judgments against the same defendant, and have received deeds respectively thereto, one of them may file a bill to cancel the deed... |
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Cases |
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| Barnes v. Dodge |
7 Gill 109, Court of Appeals of Maryland (December 01, 1848) |
1848 |
Between 1832 and 1839, judgments were rendered against B and his sureties. In October 1839, the defendants, B, T, P, conveyed their property in trust, to sell and pay judgment and other creditors, according to their legal priorities. In 1840 and 1841, the trustees sold parcel of the estate to D, and the purchase money was applied by him in... |
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Cases |
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| Barnes v. Farmer |
9 Ired. 202, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The only question presented is, as to the charge upon the statute of limitations. We think the defendants were entitled to the instructions they asked, and that his Honor erred in refusing them. In proportion to the atrocity of conduct imputed to any one, ought to be the care, with which we should guard ourselves against the feelings it naturally... |
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Cases |
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| Barnes v. Simms |
5 Ired.Eq. 392, Supreme Court of North Carolina (December 01, 1848) |
1848 |
When a will fully describes a person or thing, whether by many or few particulars, it is not competent to receive parol evidence of what was intended, though nothing be found to answer the description; for to pass another thing, or to pass the thing to another person than that described in the will, would be to give operation to the will over a... |
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Cases |
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| Barney v. Earle |
13 Ala. 106, Supreme Court of Alabama (January 01, 1848) |
1848 |
Appeal from Marengo Chancery Court. Before the Hon. A. Crenshaw, Chancellor. |
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Cases |
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| Barron v. Chipman |
4 Ga. 200, Supreme Court of Georgia (February 01, 1848) |
1848 |
[1.] Failure of consideration is a good plea to a note given by the Sheriff, in discharge of a rule absolute against him, to pay the money due on an execution, when that rule is subsequently rescinded, as illegal and unjust. Debt. PleaFailure of consideration. For the facts of the case, the reader is referred to the opinion delivered by the... |
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Cases |
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| Beadle v. Hunter & Garrett |
34 S.C.L. 331, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
In an action of trover, the possession of one who claimed adversely to the true owner, cannot be linked with the possession of a party to whom he afterwards sold, so as to make out time enough to complete the bar of the statute. |
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Cases |
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| Beal v. Crafton |
5 Ga. 301, Supreme Court of Georgia (July 01, 1848) |
1848 |
When this case was before us, at a previous term of this Court, we ruled that Bennett Crafton, as the qualified executor of James Beal, deceased, was entitled to the possession of the trust property, for the purpose of executing the trust devolved upon him, by the last will and testament of the testator. 1 Kelly, 332. It is now insisted that before... |
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Cases |
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| Beall v. Ledlow |
14 Ala. 523, Supreme Court of Alabama (June 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. |
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Cases |
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| Beall v. Mann |
5 Ga. 456, Supreme Court of Georgia (September 01, 1848) |
1848 |
[1.] The usual mode in which assent to a will is manifested, is by subscribing it, or acknowledging the signature in the presence of the witnesses, and ordinarily, the execution would constitute sufficient evidence of the testator's knowledge of its contents. [2.] The presumption is strong against a party preparing a will, who takes a benefit under... |
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Cases |
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| Beall v. Williamson |
14 Ala. 55, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Lowndes. |
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Cases |
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| Bedsole v. Monroe |
5 Ired.Eq. 313, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The Court is of opinion, that the demurrer was properly over-ruled. It seems from the books, that multifariousness consists in joining in one bill two or more distinct grounds of suit against the same or different persons. It exists, then, where there is a misjoinder of persons or a misjoinder of the subjects of litigation. The objection is... |
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Cases |
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| Beebe v. De Baun |
8 Ark. 510, Supreme Court of Arkansas (January 01, 1848) |
1848 |
Malice and want of probable cause, are both essential requisites to the maintenance of an action for false imprisonment. The averment that the defendant received the property from the plaintiff, or some other person, to be re-delivered on request, in the 30th section of the replevin law, prescribing the form for a declaration in the detinet, is a... |
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Cases |
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| Bein v. Heath |
47 U.S. 228, Supreme Court of the United States (January 01, 1848) |
1848 |
But it is no objection to such a bill, as a rule of pleading, that the husband is made a party to it with the wife. He acts only as her prochein ami. THIS was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana, sitting as a court of chancery. The facts are sufficiently set forth in the opinion of the curt.... |
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Cases |
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| Bemiss v. Dwight |
3 La.Ann. 337, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of Madison, Selby, J. |
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Cases |
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| Benford v. Daniels |
13 Ala. 667, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Orphans' Court of Dallas. |
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Cases |
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| Bently v. Cummins |
8 Ark. 490, Supreme Court of Arkansas (January 01, 1848) |
1848 |
The Circuit Court cannot set aside a sale made under an execution, on the motion of the defendant therein, without notice to the purchasers. Writ of Error to Pulaski Circuit Court. In January, 1846, Ebenezer Cummins, as administrator of William Cummins, deceased, filed a motion, in the Pulaski Circuit Court, to quash an execution, and set aside the... |
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Cases |
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| Berry v. Clements |
28 Tenn. 312, Supreme Court of Tennessee (December 01, 1848) |
1848 |
This is an action of replevin, commenced in the circuit court of Davidson. The facts of the case were agreed upon in the court below, and are as follows, viz., at the March term, 1848, of the federal court for the district of Middle Tennessee, which commenced its session on the first Monday, being the sixth of said month, a judgment was recovered... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Bibb v. Hebert |
3 La.Ann. 132, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the District Court of Lafourche Interior, Randall, J. |
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Cases |
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| Bibb v. Union Bank of Louisiana |
3 La.Ann. 334, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of St. Tammany, Penn, J. |
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Cases |
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| Billups v. Sears |
5 Gratt. 31, Supreme Court of Appeals of Virginia (April 01, 1848) |
1848 |
1. A deed of trust executed in part to secure fraudulent debts, but in part to secure a bona fide debt, the bona fide creditor having no notice of the dishonest purpose on the part of the grantor, is a valid security for the bona fide debt. 2. A part of the property conveyed in a deed of trust is taken in execution by a creditor of the grantor, and... |
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Cases |
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| Bishop's Heirs v. Bishop's Adm'r |
13 Ala. 475, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Chancery Court of Autauga. Before the Hon. W. W. Mason, Chancellor. |
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Cases |
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| Blevins v. Com. |
5 Gratt. 703, General Court of Virginia (December 01, 1848) |
1848 |
The writ of error is unanimously refused. |
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Cases |
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| Bodley v. McKinney |
9 Smedes & M. 339, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
At common law, where a power was given by will to executors to sell land, and one of them refused the trust, the others could not sell; in this state, however, the executors, or such of them as shall undertake the execution of the will, are by statute (H. & H. 413, § 90,) expressly authorized to sell the lands devised to be sold. In regard to the... |
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Cases |
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| Bohannan v. Chapman |
13 Ala. 641, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Montgomery. Before the Hon. G. D. Shortridge. |
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Cases |
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| Boner v. Mahle |
3 La.Ann. 600, Supreme Court of Louisiana (October 01, 1848) |
1848 |
Appeal from the District Court of Caddo, Taylor, J. |
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Cases |
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