| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Johnson v. Spaight |
14 Ala. 27, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. |
|
Cases |
|
| Jones v. Jones |
34 S.C.L. 315, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
The declarations of a deceased witness, made ante litem motam, are admissible to aid the presumption of a remote transaction. If the donor had the right to dispose of personal property, her declarations that she had done so to the donee, are admissible in support of his title. As the agent of her husband, the wife may sell or convey; and the jury... |
|
Cases |
|
| Jones v. Leake |
11 Smedes & M. 591, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
In an affidavit to procure an attachment, it is sufficient if the plaintiff swear to the indebtedness in a sum certain, and that the defendant is concealing his property so as to defeat the affiant's claim; it is not necessary to add that the facts are within his personal knowledge, or that he is informed or believes the facts stated to be true;... |
|
Cases |
|
| Jones v. State |
13 Ala. 153, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. |
|
Cases |
|
| Joor v. Craig |
3 La.Ann. 267, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of West Feliciana, Boyle, J. |
|
Cases |
|
| Kay v. Connor |
27 Tenn. 624, Supreme Court of Tennessee (April 01, 1848) |
1848 |
The question presented for our consideration in this case is whether the word heirs, as used in a deed of gift from Charles Gent to his son Zachariah Gent, is to be construed under the rule in Shelley's Case as a word of limitation or a word of purchase; it was holden by the circuit judge to be a word of purchase, and from this judgment the... |
|
Cases |
|
| Kea v. Robeson |
5 Ired.Eq. 373, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The parties have taken voluminous proofs upon the questions of facts, on which they are at issue, in respect to the delivery of the alleged deed and its cancellation. It is a subject of regret, that the cause cannot be determined on its merits, as, on those proofs, they seem to the Court to be. If the plaintiff's uncle had the instrument prepared,... |
|
Cases |
|
| Keithler v. State |
1 Morr.St.Cas. 403, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The law which authorizes the circuit court to appoint a district attorney, to supply the temporary absence of that officer, is not unconstitutional; although the constitution makes the district attorney elective, yet if he be not in attendance to discharge his duties, the state has a right to employ other counsel to discharge them for him; and when... |
|
Cases |
|
| Kellar v. Fink |
3 La.Ann. 17, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
|
Cases |
|
| Kentucky & Louisville Mut. Ins. Co. v. Southard |
8 B.Mon. 634, Court of Appeals of Kentucky (July 15, 1848) |
1848 |
Insurance. Fraudulent representations. Pleading. ERROR TO THE JEFFERSON CIRCUIT. The case stated and judgment of Circuit Court. THIS action of covenant was brought by Southard to recover for the destruction by fire, of his dwelling house, insured by the Kentucky and Louisville Mutual Insurance Company. The policy on which the action is founded,... |
|
Cases |
|
| Lady Superior of Congregational Nunnery of Montreal v. McNamara |
3 Barb.Ch. 375, Chancery Court of New York (January 01, 1848) |
1848 |
A deed may be delivered to a stranger, for the grantee named therein, without any special authority from the grantee to receive it for him. And if the grantee assents to it, afterwards, the deed is valid from the time of the original delivery. Such assent will be presumed, from the beneficial interest of the grantee in the deed, unless a dissent is... |
|
Cases |
|
| Landry v. McCall |
3 La.Ann. 134, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the District Court of Ascension, Randall, J. |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Lanier v. McCabe |
2 Fla. 32, Supreme Court of Florida (January 01, 1848) |
1848 |
Where a note is given in the name of a firm by one of the partners for the private debt of such partner, and known to be so by the person taking the note, the other partners are not bound by such note unless they have been previously consulted and consent to the transaction. In such case it lies upon the creditor to show that his debtor had... |
|
Cases |
|
| Lavender v. Lee |
14 Ala. 688, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the 12th Chancery District. Before the Hon. A. Crenshaw, Chancellor. |
|
Cases |
|
| Le Baron v. Fauntleroy |
2 Fla. 276, Supreme Court of Florida (January 01, 1848) |
1848 |
A paper purporting to be the will of F. was admitted to probate by the County Court of Escambia, and L. appointed administrator with the will annexed. Under the provisions of the will, L. paid a legacy of $50,000 to the widow of testator. Afterwards the next of kin of F. applied by citation to the County Court for revocation the the probate of the... |
|
Cases |
|
| Lee v. Alexander |
9 B.Mon. 25, Court of Appeals of Kentucky (December 14, 1848) |
1848 |
Case stated. The first count in the plaintiff's amended declaration avers, that the defendants, on the 3rd January, 1840, executed and delivered to the plaintiff their certain writing obligatory, signed with their hands, and now here shown, the date thereof being destroyed and mutilated without the knowledge, privity or consent of the plaintiff,... |
|
Cases |
|
| Leggo v. New Orleans Canal & Banking Co. |
3 La.Ann. 138, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Iberville, Burk, J. |
|
Cases |
|
| Lewis v. Bell |
34 S.C.L. 256, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
In February, 1843, P. confessed a judgment to B. for $300. B. soon after transferred this judgment to G. for value received, and, with the defendant as his surety, gave a bond to indemnify P. for the judgment so assigned. Subsequently P. took of B. a receipt in full against the judgment, as if B. still held it, and P. gave B. a receipt not under... |
|
Cases |
|
| Lewis v. Starke |
10 Smedes & M. 120, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
As a general rule, a mere change in the form of the evidence of indebtedness, will not operate to discharge a lien given to secure the debt, unless it is apparent that the parties intended to extinguish the lien; while the debt exists the lien lasts. A prior equity generally sinks or merges in a subsequently acquired legal title, unless there be... |
|
Cases |
|
| Linda v. Hudson |
55 Mass. 385, Supreme Judicial Court of Massachusetts (March 01, 1848) |
1848 |
An action on the case, for causing a writ of habeas corpus to be issued and served upon the party therein alleged to be restrained, without his authority and against his consent, cannot be maintained, if it appear, that the complaint was made by authority from the plaintiff, and at his request, expressed either directly to the defendant, or... |
|
Cases |
|
| Lippen v. Eldred |
2 Barb. 130, Supreme Court, New York (January 01, 1848) |
1848 |
It is not claimed that, in a will, the word heirs, or other express words of inheritance, are necessary to vest an estate in fee in the devisee. It is a well established rule that effect is to be given to the intent of the testator, although that intent may be inartificially expressed. (2 M. & S. 711. 3 Burr. 1684. Smith v. Bell, 6... |
|
Cases |
|
| Lippen v. Eldred |
2 Barb. 130 (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... |
|
Trial Court Orders |
|
| Logan's Case |
5 Gratt. 692, General Court of Virginia (December 01, 1848) |
1848 |
The writ of error is refused. |
|
Cases |
|
| Love v. Love |
5 Ired.Eq. 201, Supreme Court of North Carolina (June 01, 1848) |
1848 |
We have examined the testimony taken by the master, and must over-rule the first exception, because the plaintiffs have produced no evidence to show that the amount of the estate, which came to the hands of the executor, was different from what it appeared to be from his answer and account of sales. The master was therefore justified in stating... |
|
Cases |
|
| Lucas v. Lockhart |
10 Smedes & M. 466, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Although the language of a will may make an absolute gift, yet if other appropriate expressions be used which show with sufficient certainty, that but a qualified gift was intended, a court of equity will look to the clear intention of the testator, and raise a constructive trust where none has been declared. But the words of recommendation or of... |
|
Cases |
|
| Luckett v. Townsend |
3 Tex. 119, Supreme Court of Texas (January 01, 1848) |
1848 |
Error from Fayette County. A writ of error, as recognized by our law, is one of the modes prescribed for bringing up a cause for revision. The whole case, embracing the facts as well as the law, is brought up by this mode as well as by appeal. In the absence of a statement of facts, every presumption is in favor of the verdict; but when the verdict... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Ludeling v. Graves |
3 La.Ann. 597, Supreme Court of Louisiana (October 01, 1848) |
1848 |
Appeal from the District Court of Ouachita, Barry, J. |
|
Cases |
|
| Macarty v. Mandeville |
3 La.Ann. 239, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the Second District Court of New Orleans, Canon, J. |
|
Cases |
|
| Madden v. Shapard |
3 Tex. 49, Supreme Court of Texas (December 01, 1848) |
1848 |
The propriety of the ruling of the court, in refusing the application for a new trial, is the only question presented by the record. It is well settled, that a new trial will not be granted on the ground of newly discovered evidence, if the facts proposed to be proved by the new evidence be not disclosed and set out in the application. [2 Bibb,... |
|
Cases |
|
| Maddox v. Williamson |
34 S.C.L. 294, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
The sheriff, after the assignment of a judgment, sold under execution the property covered thereby, and appropriated a part of the proceeds as directed by the assignee; retaining the balance under rule, subject to litigation. The assignor of the judgment, who had afterwards confessed a judgment to the plaintiff on debts older than the assignment,... |
|
Cases |
|
| Magee v. Gregg |
11 Smedes & M. 70, High Court of Errors and Appeals of Mississippi (November 01, 1848) |
1848 |
When a specific legacy has been given, if it appear affirmatively that there are no debts for which the legacy could be made liable, the legatee is entitled to recover his legacy, whether the estate of the testator be finally settled up, or not; therefore, where in a suit by the administrator of the legatee against one claiming under a sale by the... |
|
Cases |
|
| Mahone v. Yancey |
14 Ala. 395, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Macon. Before the Hon. G. W. Stone. |
|
Cases |
|
| Mahorner v. Hooe |
9 Smedes & M. 247, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The general doctrine, that the disposition of personal or movable property by succession and testaments, is regulated by the law of the domicil, through comity, is undoubtedly true; yet the rule is not of universal application; it ceases whenever the law of the domicil is repugnant to the established policy of the state in which it is sought to be... |
|
Cases |
|
| Main v. Alexander |
9 Ark. 112, Supreme Court of Arkansas (July 01, 1848) |
1848 |
A mortgage is good between the parties, though not acknowledged and recorded, but under our registry act it constitutes no lien upon the mortgaged property as against strangers, unless it is acknowledged and recorded as required by the act, even though they may have actual notice of its existence. The registery of a mortgage without acknowledgement... |
|
Cases |
|
| Mallery v. Dudley |
4 Ga. 52, Supreme Court of Georgia (January 01, 1848) |
1848 |
M. S. Dudley and Rinaldo P. Dudley, infants under the age of twenty-one years, by their next friend and guardian, ad. litem, Adam Amaker, all of the State of South Carolina, filed their Bill in Equity, in the Superior Court of the county of Effingham, and returnable to the October Term in the year one thousand eight hundred and forty six of said... |
|
Cases |
|
| Mangun v. Webster |
7 Gill 78, Court of Appeals of Maryland (December 01, 1848) |
1848 |
Two bills of exceptions were taken by the appellant on the trial in the court below; the isolated question raised by the first of which was, whether the paper purporting to be the certified copy of the letters of administration, granted to the appellees by the orphans court of Washington county, District of Columbia, was admissible in evidence to... |
|
Cases |
|
| Mardree v. Mardree |
9 Ired. 295, Supreme Court of North Carolina (December 01, 1848) |
1848 |
A distributive share, accruing to a wife during the coverture, does not vest in the husband, but will survive to the wife, unless reduced into possession by the husband. Where the wife is the sole next of kin and the husband the administrator, and the debts of the intestate are paid or assumed by him, and there are no reasons why he should hold any... |
|
Cases |
|
| Markham's Ex'r v. Allen |
8 B.Mon. 417, Court of Appeals of Kentucky (June 16, 1848) |
1848 |
Case stated and facts agreed. THIS was an action of debt brought by Allen against the plaintiff in error, upon a note of his testator for one hundred dollars, bearing date the 23rd June, 1837, and payable one day after date. And issue having been made up upon a plea of plene administravit by the executor, and the law and facts having been submitted... |
|
Cases |
|
| Martin v. Lofland |
10 Smedes & M. 317, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Where three executions have been levied on the same property of the defendant therein, and a third party has claimed a portion of the property thus levied on, and given a bond to try the right, and the plaintiffs in two of the executions tender issues to try the right which were joined in by the claimant, while the plaintiff in the third execution... |
|
Cases |
|
| Martin v. Long |
8 Ired. 415, Supreme Court of North Carolina (August 01, 1848) |
1848 |
Where upon an action against a sheriff and his sureties, on his official bond, it appeared that the relator was a defendant in a writ, directed to the sheriff, and in his hands, and that the sheriff did not take a bail bond, but, in lieu of that, took a deposit in money, held that the sureties of the sheriff were not liable, although the said... |
|
Cases |
|
| Martin v. Olliver |
28 Tenn. 561, Supreme Court of Tennessee (December 01, 1848) |
1848 |
On the 26th of October, 1841, the defendant W. S. Olliver made a conveyance of certain real and personal property to Isaac A. Olliver, in trust, for the separate use and benefit, and for the support and maintenance, of the wife of the former, which was shortly afterwards proved and registered in the mode prescribed by law. It appears from the proof... |
|
Cases |
|
| Mauldin v. Armistead |
14 Ala. 702, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Marengo. Before the Hon. J. D. Phelan. |
|
Cases |
|
| Mauldin v. Mitchell |
14 Ala. 814, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Montgomery. Before the Hon. G. Goldthwaite. |
|
Cases |
|
| McBeth v. Hunt |
33 S.C.L. 335, Court of Appeals of Law of South Carolina (February 01, 1848) |
1848 |
The administration should be committed to those having the greatest interest in preserving the estate-and if such persons decline the administration, their wishes and preferences, when the administration is to be committed to a stranger, are entitled to great weight in the exercise of the Ordinary's discretion. The widow is first entitled to... |
|
Cases |
|
| McCaleb v. Price |
12 Ala. 753, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Fayette. |
|
Cases |
|
| McCarty v. Gibson |
5 Gratt. 307, Supreme Court of Appeals of Virginia (October 01, 1848) |
1848 |
(Absent Cabell, P.) A bond is executed in Virginia by M to G, both of them being then citizens of and residents in Virginia. M afterwards removes to Maryland, and G sues him there on the bond, and recovers a judgment. M then applies to the Court for a discharge under the insolvent laws of Maryland; and G appears and opposes his discharge, on the... |
|
Cases |
|
| McClellan v. Crook |
7 Gill 333, Court of Appeals of Maryland (December 01, 1848) |
1848 |
Upon a former appeal in this case, this court passed a decree reversing the decree of the chancellor, and remanding the cause to the court of chancery, with directions to sell the mortgaged premises, according to the usual course in such cases, unless the appellant should pay into that court the sum ascertained, by an audit directed to be made in... |
|
Cases |
|
| McClenny v. Floyd |
3 Tex. 114, Supreme Court of Texas (December 01, 1848) |
1848 |
The rejection of the witness, Floyd, is the principal ground embraced in the motion for a new trial, and presents the only question which seems to require our consideration. There is no complaint of any instruction given, or of any other ruling in the case. The object for which this witness was introduced is not stated; nor, it has been ruled, were... |
|
Cases |
|
| McCraw v. Fleming |
5 Ired.Eq. 348, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The defendant, Davis, in his answer, resists a decree for an account, upon four grounds. 1st. He insists, that, as administrator of James McCraw, who was one of the executors, and who died in 1828, he is not bound to account with the legatees of the testator, but is liable to account with the surviving executor, Fleming. 2nd. That the Act of 1715... |
|
Cases |
|
| McCready v. South Carolina R. Co. |
33 S.C.L. 356, Court of Appeals of Law of South Carolina (January 01, 1848) |
1848 |
Where the fact of damage from the fire of the Rail Road, was established by the sufferer, and the manner in which the fire was communicated also appeared, the Court held that it was immaterial whether the evidence came from the plaintiff or from the defendant, and that it went properly to the jury, whose province it was to judge of the fact of... |
|
Cases |
|