| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Haralson v. Holcombe |
10 Smedes & M. 581, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
A motion to erase a credit on an execution, made more than five years after the indorsement of the credit and the return of the execution, cannot prevail; the plaintiff in the execution is presumed to have known of the return, and from the lapse of time without objecting to it, he will be presumed to have acquiesced in it. It seems that if urged in... |
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Cases |
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| Harden v. Hays |
9 Pa. 151, Supreme Court of Pennsylvania (September 01, 1848) |
1848 |
Where a will is proved by proof of the signature of a deceased subscribing witness, his declarations that the testator was incompetent at the time to make a will are admissible in evidence; for the proof of his signature is primà facie evidence of the competency of the testator to make a will. Where a subscribing witness declares his belief... |
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Cases |
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| Harrington v. O'Reilly |
9 Smedes & M. 216, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
An execution, the teste of which bears date after the death of the defendant, should be quashed upon motion. Yet if a sale take place under such execution, as the execution is not void but only voidable, the sale will be valid as to third persons who purchase under it, and will be protected; the purchaser's rights will not be affected by subsequent... |
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Cases |
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| Harris v. Mauldin |
13 Ala. 674, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Talladega. Judgment by his Honor George W. Stone. |
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Cases |
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| Harris v. Philpot |
5 Ired.Eq. 324, Supreme Court of North Carolina (December 01, 1848) |
1848 |
Upon the first question, it is clear, that the administrator of Mrs. Harris is entitled to the horses, sheep, &c. It is the duty of the executors to make the selection. A confidence is reposed in them, that they will select good articles of the several descriptions of chattels. The administrator is entitled to two choice horses, by which is... |
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Cases |
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| Hartfield v. Brown |
8 Ark. 283, Supreme Court of Arkansas (January 01, 1848) |
1848 |
It is enacted by the 34th section of chap. 23, of the Revised Statutes, that Any defendant may, in his answer, introduce any new matter, which he may deem material for his defence, and may exhibit interrogatories, and call on the complainant to answer the same on oath, and the complainant shall file his answer in such time as may be prescribed by... |
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Cases |
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| Haupt v. Mills |
4 Ga. 543, Supreme Court of Georgia (May 01, 1848) |
1848 |
An action of assumpsit was brought by Henry Haupt, against Adam Cope, in the Superior Court of Chatham County, for contribution, to require of the defendant to pay to the plaintiff one half of the amount of a decree which had been rendered against the said Adam Cope and Henry Haupt, in said Court, and which had been paid in full by Haupt. Pending... |
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Cases |
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| Hawkins v. Skeggs |
29 Tenn. 31, Supreme Court of Tennessee (September 01, 1848) |
1848 |
James Skeggs departed this life in the year 1840, having previously published his last will and testament, in substance, as follows: I give and bequeath all my lands to my beloved wife, Nancy Skeggs, during her widowhood; at the end of her widowhood, or at the end of her life, my lands and the profits thereof, to be equally divided between my four... |
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Cases |
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| Haygood v. Harris |
13 Ala. 65, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. |
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Cases |
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| Heath v. Lambeth |
3 La.Ann. 361, Supreme Court of Louisiana (April 01, 1848) |
1848 |
Appeal from the District Court of Iberville, Burk, J. |
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Cases |
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| Henderson v. Ilsley |
11 Smedes & M. 9, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
Claims barred by the statute of limitations at the time of the death of the original debtor, are not revived by the subsequent promise of the executor or administrator to pay them; where, in the case of an executor, no more than ordinary powers are conferred by the will. Semble, the same rule prevails where the bar was not complete at the debtor's... |
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Cases |
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| Henderson v. Mabry |
13 Ala. 713, 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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| Hendricks v. Phillips |
3 La.Ann. 618, Supreme Court of Louisiana (October 01, 1848) |
1848 |
Appeal from the District Court of Catahoula, Barry, J. |
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Cases |
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| Henry v. Henry |
9 Ired. 278, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The petitioners claim the personal estate of the intestate, as his heirs at law and distributees, The word heirs is used to denote the persons, who are entitled, by descent, to the real estate of a deceased ancestor. It is appropriated to that purpose, and when used in pleading, in reference to personal estate, it has no meaning, and must be... |
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Cases |
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| Heth v. Richmond, F. & P.R. Co. |
4 Gratt. 482, Supreme Court of Appeals of Virginia (January 01, 1848) |
1848 |
1. Property to which a trust has attached, will be subjected to the trust in the hands of a purchaser for value, who has constructive notice of the trust; and this though it was irregular in the trustee to invest the trust fund in the property. 2. Though the deed creating the trust only conveys personal property, yet if this property is converted... |
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Cases |
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| Hetherington v. Branch Bank |
14 Ala. 68, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Chancery Court of the 5th Chancery District, and Southern Division of the State of Alabama. Before the Hon. A. Crenshaw. |
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Cases |
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| Hext v. Jarrell |
34 S.C.L. 11, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
A deed which granted, &c to the tenant and her children, so long as they or either of them should survive, the plantation on which she then resided, together with the house, outhouses, and appurtenances thereunto belonging,with as much land adjoining the improved plantation, &c. as they or either of them might have occasion to occupy for... |
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Cases |
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| High v. Nelms |
14 Ala. 350, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Perry. Before the Hon. G. D. Shortridge. |
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Cases |
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| Hill v. Barge |
12 Ala. 687, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Chancery Court of Butler. |
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Cases |
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| Hill v. Bowden |
3 La.Ann. 258, 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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| Hill v. Richards |
11 Smedes & M. 194, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
A petition in many respects very nearly resembles a motion, and there seems to be no precise or positive boundaries between them. But petitions are usually resorted to, when a fuller statement is required than can be conveniently contained in a notice of a motion; yet either the one or the other is proper only, when a cause is pending; or in a... |
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Cases |
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| Hill v. Ward |
13 Ala. 310, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error from County Court of Perry. |
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Cases |
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| Hiller v. English |
35 S.C.L. 486, Court of Appeals of Law of South Carolina (October 01, 1848) |
1848 |
Where a court is directed to sit two weeks, if a jury, having retired to consider of their verdict before midnight of Saturday in the first week, return into court after midnight and before daylight of Sunday, their verdict may be received and published. Semble.-It might be received at midday of any Sunday which is included within the Term of the... |
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Cases |
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| Hinton v. Nelms |
13 Ala. 222, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Perry. Before the Hon. G. Goldthwaite. |
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Cases |
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| Hocker v. Hocker |
4 Gratt. 277, Supreme Court of Appeals of Virginia (January 01, 1848) |
1848 |
The Court is of opinion that there is no error in so much of the judgment, sentence and order of the said Circuit Court as reverses with costs the sentence and order of the County Court; nor in so much of said sentence and order of the Circuit Court as rejects the paper writing propounded by the appellees as and for the last will and testament of... |
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Cases |
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| Hodges v. Branch Bank at Montgomery |
13 Ala. 455, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Barbour. Before the Hon. G. D. Shortridge. |
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Cases |
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| Holt v. Clemmons |
3 Tex. 423, Supreme Court of Texas (December 01, 1848) |
1848 |
There is no bill of exceptions in this case, and if the judgment can be reversed, it is on the ground that the court below erred in not granting a new trial on the motion of the appellant, upon the ground that the verdict was contrary to evidence. The defense set up against the payment of the notes sued on is, that they were given in consideration... |
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Cases |
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| Hopkins v. Burney |
2 Fla. 42, Supreme Court of Florida (January 01, 1848) |
1848 |
The common law did not give damages in replevin to a defendant, and the Stat. 7, Hen. 8, ch. 4, and 21 Hen. 8, ch. 19, only gave damages to avowants or other persons making connusance or justifying as bailiffs in replevin for rent or service, and have not been extended to defendants claiming property. Under the plea of non cepit in... |
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Cases |
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| Horne v. Horne |
9 Ired. 99, Supreme Court of North Carolina (December 01, 1848) |
1848 |
This was an issue of devisavit vel non to try the validity of a paper writing, purporting to be the last will and testament of Joel Horne, deceased. Three objections were made by the defendants, the caveators. First, that the deceased had not mental capacity. Secondly, if he had, his mind was so weak that he was easily influenced, and executed the... |
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Cases |
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| Howard v. Thompson |
8 Ired. 367, Supreme Court of North Carolina (June 01, 1848) |
1848 |
When this case was on trial before me while presiding in the Court below, the main objection to the title set up by the defendant, under the sale made by the plaintiff's first guardian, Glass, was that the authority conferred upon the County Courts by the acts of 1784 and 1801 (1 Rev. Stat. ch. 57, sec. 1 and 2) was a special one, which must be... |
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Cases |
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| Howell v. Howell |
5 Ired.Eq. 258, Supreme Court of North Carolina (December 01, 1848) |
1848 |
Where an executor had assented to a legacy of personal property to A. and delivered the property to her, and afterwards obtained an order of Court to sell the property for the payment of debts of the testator, Held, that A's right to the property was complete at law, that she had a full legal remedy for any injury and therefore had no right to... |
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Cases |
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| Howell v. Howell |
5 Ired.Eq. 218, Supreme Court of North Carolina (August 01, 1848) |
1848 |
Where an appeal was taken from the decision of the Court on motion to dissolve an injunction, and the parties afterwards compromised the matters in dispute, this Court will not look into the merits of the case, for the purpose of awarding costs, but will certify to the Court below that their order must stand, and as to the costs of the appeal will... |
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Cases |
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| Howell v. Williamson |
14 Ala. 419, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Mobile. Before the Hon. J. Bragg. |
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Cases |
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| Huckabee v. May |
14 Ala. 263, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the County Court of Greene. |
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Cases |
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| Hull v. Hull |
21 S.C.Eq. 174, Court of Appeals of Equity of South Carolina (May 01, 1848) |
1848 |
A father of legitimate children, after having been legally divorced from their mother under the laws of another State, may give to a single woman with whom he lives in illicit intercouse in South Carolina, more than one fourth of the clear value of his estate, without coming within the inhibition of the Act of 1795. Adultery is familiarly known in... |
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Cases |
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| Humphries v. Bartee |
10 Smedes & M. 282, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
A judgment obtained by fraud and collusion, between one not a party to the record and the defendant, predicated upon a forged note of the defendant to the apparent plaintiff, who is a real person, but does not participate in the fraud, is fraudulent, and a nullity and all proceedings under it are of the same character. T., being indebted to B. for... |
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Cases |
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| Hunley v. Hunley |
15 Ala. 91, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the 12th Chancery District. The cause was tried before the Hon. Chancellor Lesesne. |
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Cases |
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| Hunter v. Hunter |
34 S.C.L. 321, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
The law will not imply a contract to pay for services rendered the testatrix, by legacy at her death: nor will such a contract be admitted in evidence to sustain a count in general indebitatus assumpsit, for services, &c. rendered the testatrix. |
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Cases |
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| Huntington v. Adams |
12 Ala. 834, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Greene. |
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Cases |
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| Huntington v. Lowe |
3 La.Ann. 377, Supreme Court of Louisiana (April 01, 1848) |
1848 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Hutchins v. Hope |
7 Gill 119, Court of Appeals of Maryland (December 01, 1848) |
1848 |
H, senior, devised to his widow one-third of his personal estate, after the payment of debts and three legacies, amounting to $1800. H, junior, the executor, gave bond for the payment of debts and legacies. For the purpose of distribution two persons were chosen, by whom the entire personal estate of the deceased was appraised at $3306; and the... |
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Cases |
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| In re Belt |
7 N.Y.Leg.Obs. 80, Supreme Court, New York County, New York (January 01, 1848) |
1848 |
The boy is discharged, and I must decline your application. My official duty does not require it, and if it is asked on any other grounds, it would not be a proceeding to my taste. |
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Cases |
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| In re Belt |
7 N.Y.Leg.Obs. 80 (January 01, 1848) |
1848 |
Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a... |
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Trial Court Orders |
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| Isbell v. Brown |
13 Ala. 383, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Talladega. Before the Hon. G. W. Stone. |
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Cases |
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| Jaggers v. Estes |
21 S.C.Eq. 343, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
A future interest, in a chattel, can be created by deed otherwise than by way of trust; and even by parol. A person can, by a deed duly delivered, give to another a chattel, reserving to himself a life estate therein; provided that by the operation of the deed a present title in the chattel passes to the donee, with the right of future enjoyment.... |
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Cases |
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| James v. Stiggins |
13 Ala. 830, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Macon. Before the Hon. G. W. Stone. |
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Cases |
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| Janney v. Sprigg |
7 Gill 197, Court of Appeals of Maryland (December 01, 1848) |
1848 |
A testatrix devised and bequeathed all her real and personal estate to her niece, M T. The will then proceeds: should my said niece die leaving children, all the real and personal estate, hereinbefore devised and bequeathed to her, shall vest in such child or children absolutely and in fee simple, provided such child or children should... |
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Cases |
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| Jenkins v. Gillespie |
10 Smedes & M. 31, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The general doctrine that an attorney may submit a matter in dispute to arbitration, is limited to the case where there is a cause pending which he has been employed to manage. Therefore where W. J. and N. J. and G. signed a written agreement to submit a matter in controversy between them to the arbitrament of seven persons, and afterwards it was... |
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Cases |
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| Johnson v. Burnett's Adm'r |
12 Ala. 743, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Circuit Court of Wilcox. |
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Cases |
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| Johnson v. High |
34 S.C.L. 141, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
The words of a deed, and I do hereby rent and lease unto the said Harman A. Johnson one hundred acres where he now lives, for the unexpired term of the general lease which I now hold, in trust for the use of my said daughter Nancy during her life, and to the said heirs of Harman A. Johnson after her death, were held to vest such a legal interest... |
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Cases |
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