Title | Citation | Year | Summary | Most Relevant | Type | Status |
Ewing v. Com. |
5 Gratt. 701, General Court of Virginia (December 01, 1848) |
1848 |
The writ of error is refused. |
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Cases |
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Ex parte Louis |
3 La.Ann. 467, Supreme Court of Louisiana (May 01, 1848) |
1848 |
Appeal from the First District Court of New Orleans, McHenry, J. |
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Cases |
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Ex parte Robert |
21 S.C.Eq. 86, Court of Appeals of Equity of South Carolina (April 01, 1848) |
1848 |
The Court will not substitute a trustee resident in a foreign jurisdiction, without security for the faithful discharge of his duties: and the sureties must be persons amenable to the jurisdiction of the Court. |
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Cases |
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Farmers' Bank v. Douglass |
11 Smedes & M. 469, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
It seems that while, as a general rule, when a mortgage is executed to secure the renewal of a debt due, no farther indulgence should be granted than the usual time of collecting debts by due course of law, yet there may perhaps be circumstances, in which it would not be fraudulent to stipulate for greater delay; as where the debts are large, and... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Farrar v. Rowley |
3 La.Ann. 276, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of Concordia, Barry, J. |
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Cases |
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Fellows v. Griffin |
9 Smedes & M. 362, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Where a bond was forfeited at the November term, 1839, of the circuit court, and an execution issued thereon to the May term, 1840, and on the petition of one of the defendants therein, a circuit judge granted a so-called writ of error coram nobis, with supersedeas against the execution on the bond, though neither the writ of error... |
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Cases |
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Ferguson v. Collins |
8 Ark. 241, Supreme Court of Arkansas (January 01, 1848) |
1848 |
No exception to the report of the master in chancery will be considered in this court, unless the record shows the truth of the exception: nor will a general exception be examinedthe party must specify particularly the errors to which he excepts. The liability of the husband for acts committed by the wife before the marriage, continues... |
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Cases |
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Flint River Steamboat Co. v. Foster |
5 Ga. 194, Supreme Court of Georgia (July 01, 1848) |
1848 |
[1.] An Act to be in derogation of common right, must be confined in its provisions to a particular individual, or set of men, separate and apart from the rest of the community. [2.] The Legislature being the sovereign power in the State, while acting within the pale of its constitutional competency, it is the province of the Courts to interpret... |
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Cases |
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Footman v. Pendergrass |
21 S.C.Eq. 317, Court of Appeals of Equity of South Carolina (November 01, 1848) |
1848 |
It is an established principle, that the husband or wife should be excluded from giving evidence in a case where either the legal or equitable interest of the other is involved in the issue. |
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Cases |
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Forbes v. Smith |
5 Ired.Eq. 369, Supreme Court of North Carolina (December 01, 1848) |
1848 |
A. having a judgment against B. as principal and C. as surety, C. without the consent of A. has an execution issued and levied upon B.'s property. A. has a right to withdraw the execution and discharge the levy, without making herself liable to C. The land of a feme covert is sold by order of a Court of Equity for partition: the husband is entitled... |
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Cases |
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Forgay v. Conrad |
47 U.S. 201, Supreme Court of the United States (January 01, 1848) |
1848 |
THIS was an appeal from the Circuit Court of the United States for the District of Louisiana. The facts in the case are set forth in the opinion of the court. Mr. Sergeant moved to dismiss the appeal, because the decree of the court below was not final, and because the appeal was not regularly brought up. On the second point, he said that there... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Foster v. Stafford |
14 Ala. 714, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. |
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Cases |
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Foxworth v. Burckhalter |
3 La.Ann. 365, Supreme Court of Louisiana (April 01, 1848) |
1848 |
Appeal from the District Court of Washington, Burk, J. |
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Cases |
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Fraser v. Hext |
21 S.C.Eq. 250, Court of Appeals of Equity of South Carolina (November 01, 1848) |
1848 |
It is not the policy of the law to disturb settlements made with deliberation and with tolerable fairness, more particularly where they have been acquiesced in for any length of time afterwards No settled account ought to be opened upon the mere suggestion of a bill in Equity, especially where the truth of such suggestion is fully and substantially... |
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Cases |
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Frederick v. City of Augusta |
5 Ga. 561, Supreme Court of Georgia (November 01, 1848) |
1848 |
[1.] A corporation is an artificial being invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence. These are such as are supposed best calculated to effect the object... |
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Cases |
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Freeland v. Briscoe |
3 La.Ann. 255, 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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Freeman v. Baldwin |
13 Ala. 246, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the 16th Chancery Division. Before the Hon. W. W. Mason. |
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Cases |
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Freeman v. Guion |
11 Smedes & M. 58, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
The right of a creditor who holds a demand against an absent debtor, where there is a resident of this state with effects of the absent debtor in his hands, or who is himself indebted to the absent debtor, to attach by bill in equity the fund in the hands of the home defendant, and subject it to the payment of the debt due to him by the absent... |
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Cases |
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Fuselier v. Lacour |
3 La.Ann. 162, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Pointe Coupée, Farrar, J. |
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Cases |
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Garland v. Chambers |
11 Smedes & M. 337, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Although it is settled, that the possession of property by the vendor after a voluntary sale is primâ facie evidence of fraud, yet this rule does not apply to public forced sales, under execution or deeds of trust; in such sales, the law does not infer fraud from the fact, that the property is left in the possession of the original owner, or that... |
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Cases |
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Garrett v. Garrett |
21 S.C.Eq. 272, Court of Appeals of Equity of South Carolina (November 01, 1848) |
1848 |
Multifariousness is a good ground of demurrer to a bill in Equity; but if the defendant, at the hearing, waive the objection of multifariousness to any part of the bill, the demurrer as to that part will be overruled. The custom is to allow executors, or administrators, reasonable charges for the hire of auctioneers and clerks of their sales, as... |
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Cases |
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Garrett v. Hamblin |
11 Smedes & M. 219, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Under the statute, (How. & Hutch. 642, sec. 42,) with reference to the case of a sheriff, who shall make any return upon an execution, which shall show that he has voluntarily, and without authority omitted to levy it, it is not necessary that the return itself shall show, in so many words, that he voluntarily and without authority omitted... |
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Cases |
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Garrett v. Hamblin |
11 Smedes & M. 241, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
In a motion against a sheriff, for the fine allowed by statute, for a false return upon an attachment, in not returning a levy upon six bales of ginned cotton, it was proved by one of the witnesses to the levy of the attachment, that the deputy sheriff, while executing it, called the witnesses' attention to some ginned cotton in the pick-room of... |
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Cases |
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Gaudet v. Gourdain |
3 La.Ann. 136, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of St. James, Nicholls, J. |
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Cases |
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Gibbons v. Riley |
7 Gill 82, Court of Appeals of Maryland (December 01, 1848) |
1848 |
In Maryland, the trust confided to an executor, is clearly set forth and defined by his letters testamentary, which is the commission under which he acts: administration of all the goods, chattels and credits, of the deceased, is hereby granted and committed unto, &c. The act of Assembly of 1798, ch. 101, and the supplements thereto, prescribe... |
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Cases |
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Gill v. Tittle |
14 Ala. 528, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the 25th Chancery District. Before the Hon. D. G. Ligon, Chancellor. |
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Cases |
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Gillespie v. Cammack |
3 La.Ann. 248, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of Concordia, Farrar, J. |
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Cases |
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Gilliam v. Bird |
8 Ired. 280, Supreme Court of North Carolina (June 01, 1848) |
1848 |
Many objections were urged against the recovery of the plaintiff's lessor in the Court below, and have been again pressed in the argument before us. We have given to them a due consideration and have carefully examined the reasons, which have been brought to their support. But, after all, we are compelled to say that they do not satisfy us that,... |
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Cases |
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Gilliam v. Moore |
10 Smedes & M. 130, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The legislature in 1820 (H. & H. 591, § 13,) passed an act providing that if in detinue, on an issue concerning several things in one count, no verdict be found for part of them, it should not be error, but the plaintiff should be barred of his title to the things omitted; in 1830 they passed an act (H. & H. 654, § 75,) providing that... |
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Cases |
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Gilpin v. Smith |
11 Smedes & M. 109, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
The general rule is, that the vendee of land who has not been evicted, must rely upon his covenants in the deed; but a fraudulent sale is always an exception to it. H. being the owner of a tract of land, which he desired to sell, represented to S., who desired to purchase it, that an eighty acre lot, on which was a very valuable spring of water,... |
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Cases |
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Giltner v. Gorham |
4 McLean 402, Circuit Court, D Michigan (June 01, 1848) |
1848 |
At law. |
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Cases |
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Glenn v. Elam |
3 La.Ann. 611, Supreme Court of Louisiana (October 01, 1848) |
1848 |
Appeal by plaintiff from a judgment of the District Court of Catahoula, Barry, 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. |
Goodgame v. Clifton |
13 Ala. 583, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Dallass. Before the Hon. John Bragg. |
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Cases |
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Goodman v. Pledger |
14 Ala. 114, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Chancery Court of Shelby. Before the Hon. D. G. Ligon, Chancellor. |
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Cases |
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Goodwin v. McCoy |
13 Ala. 271, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. |
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Cases |
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Governor v. Baker |
14 Ala. 652, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Russel. Before the Hon. Geo. Goldthwaite. |
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Cases |
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Governor v. Daily |
14 Ala. 469, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the County Court of Mobile. |
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Cases |
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Governor v. Gibson |
14 Ala. 326, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of St. Clair. Before the Hon. J. D. Phelan. |
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Cases |
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Gowan v. Jones |
10 Smedes & M. 164, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
As a general rule, a sale made by a commissioner in chancery under a decree to foreclose a mortgage, must be reported to the chancellor and confirmed by him, or there must be some act of the parties equivalent to a confirmation before the sale will be valid. It seems, that great lapse of time would be equivalent to a confirmation by the court of a... |
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Cases |
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Graham v. Little |
5 Ired.Eq. 407, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The plaintiffs are entitled to partition of the unsold land specifically, or that it should be sold by the executors or under the direction of the Court, for that purpose, as may be for the interest of the parties. There must also be the usual order for an enquiry, as to the debts and administration of the personal estate; and a further enquiry as... |
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Cases |
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Grand Gulf Railroad & Banking Co. v. Conger |
9 Smedes & M. 505, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Where an attachment is sued out in the name of A. for the use of B., and B. makes the affidavit and executes the bond, which is conditioned for B.'s effectual prosecution of the suit; it was held, that the affidavit and bond were within the statute, which required the officer granting the attachment, to take bond and security from the... |
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Cases |
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Gray v. Bate's Ex'x |
8 B.Mon. 573, Court of Appeals of Kentucky (September 25, 1848) |
1848 |
IT seems to this Court, that the provision for the benefit of John T. Bate, in the deed of trust of May, 1835, from the heirs and devisees of his father, James S. Bate, to their mother, Lucy M. Bate, the executrix of her husband, was founded upon his equity, real or supposed, to be compensated for the loss of the Mount Merino estate, devised to him... |
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Cases |
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Graybill v. Warren |
4 Ga. 528, Supreme Court of Georgia (May 01, 1848) |
1848 |
[1. Whatever produce accrues upon a specific legacy, as interest, rent, hire, or in any other form of profit, from the death of the testator, and nothing more or less, belongs to the legatee, and that, whether the enjoyment of the principal is postponed or not. In Equity, in Hancock Superior Court. At the October Term, 1847, of the Superior Court... |
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Cases |
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Green v. Creighton |
10 Smedes & M. 159, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The court of chancery does not possess jurisdiction, at the instance of the creditor of a deceased person, to compel persons who have been at different times his administrators, to file an inventory of the assets of his estate, and to account fully for their actings and doings in their respective administrations, and to pay the complainant's debt;... |
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Cases |
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Gressett v. Agee |
14 Ala. 354, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Monroe. Before the Hon. J. Bragg. |
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Cases |
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Griffin v. Carter |
5 Ired.Eq. 413, Supreme Court of North Carolina (December 01, 1848) |
1848 |
It was held in the case of McDaniel v. Stoker, decided at this term, that a motion to remove or discharge a sequestration does not stand upon the footing of a motion to dissolve an injunction, in the ordinary case of an injunction to stay execution upon a judgment at law. The Court having secured the fund, will keep it secured, pending the... |
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Cases |
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Groves v. Steel |
3 La.Ann. 280, 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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Gwin v. Wright |
27 Tenn. 639, Supreme Court of Tennessee (April 01, 1848) |
1848 |
This is a case of a contested nuncupative will, tried upon an issue of devisavit vel non, at the January term, 1848, of the circuit court of Carroll county, and brought by appeal in error to this court. Upon the trial it appeared that Littleberry W. Gwin, who was a citizen of Carroll county, volunteered to serve as a soldier in the Mexican war, in... |
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Cases |
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Hackney v. Hackney |
28 Tenn. 450, Supreme Court of Tennessee (December 01, 1848) |
1848 |
We feel no hesitation in declaring that the complainant in this case is entitled to the relief sought by her bill, and that the decree of the chancellor ought, therefore, to be affirmed. We deem it needless, however, to examine or comment upon the proof in the record for the purpose of maintaining the correctness of this conclusion, because this... |
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Cases |
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Hale v. Stone |
14 Ala. 803, Supreme Court of Alabama (June 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Coosa. Before the Hon. G. Goldthwaite. |
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Cases |
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