| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Thompson v. Mylne |
4 La.Ann. 206, Supreme Court of Louisiana (March 01, 1849) |
1849 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Thurston v. Prentiss |
1 Mich. 193, Supreme Court of Michigan (January 01, 1849) |
1849 |
A. and B. became surety for the payment of two judgments against C., by the 16th of July thereafter, and C. executed and delivered to them his promissory note and mortgage for $600, payable the 1st of August following, upon the understanding and agreement, that if C. paid the judgments and saved them harmless from all costs, trouble and expenses on... |
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Cases |
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| Tillman v. Cowand |
12 Smedes & M. 262, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
The placing a deed upon record in a manner not authorized by law, is not a registration, and does not constitute notice to a purchaser. A deed of trust, executed in Tennessee, in 1838, upon property in this state, and proved by the two subscribing witnesses before the county court of Bedford county, Tennessee, to have been duly executed, and this... |
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Cases |
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| Tillman v. Drake |
4 La.Ann. 16, Supreme Court of Louisiana (January 01, 1849) |
1849 |
Appeal from the Parish Court of New Orleans, Maurian, J. |
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Cases |
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| Tisdale v. Bailey |
6 Ired.Eq. 358, Supreme Court of North Carolina (December 01, 1849) |
1849 |
Where a woman, just before marriage, secretly and with the intent to deceive her intended husband, conveys away her property, Held, that the conveyance was void as to him, though the children to whom it was conveyed, were themselves innocent. The cases of Harris v. Delamar, 3 Ire. Eq. 219, and Logan v. Simmons, 3 Ire. Eq. 487, cited and approved.... |
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Cases |
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| Toby v. Randon |
6 West.L.J. 218, District Court, D Texas (January 01, 1849) |
1849 |
WATROUS, District Judge, sustained the plea of the defendant, and gave judgment in his favor. The cause was carried by writ of error to the supreme court, where the judgment of this court was affirmed, with costs. 11 How. (52 U. S.) 493. |
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Cases |
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| Tooke v. Hardeman |
7 Ga. 20, Supreme Court of Georgia (June 01, 1849) |
1849 |
[1.] In order to put the widow to her election between the provisions made in her favor by the will of the testator, and her legal right to dower in his estate, such testamentary provision in her favor must be declared in express terms, to be given in lieu of dower; or the intention of the testator to that effect, must be deduced by clear and... |
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Cases |
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| Towns v. Hicks |
6 Ga. 239, Supreme Court of Georgia (February 01, 1849) |
1849 |
[1.] Where an action on a Sheriff's bond is brought for the purpose of recovering a sum of money, found to be due by an order absolute upon a rule against the Sheriff, to two jointly, it is no objection to the sufficiency of the breaches assigned, that the declaration does not state the amount of the interest of each in that sum. [2.] An execution... |
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Cases |
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| Trexler v. Miller |
6 Ired.Eq. 248, Supreme Court of North Carolina (August 01, 1849) |
1849 |
The bill cannot be sustained in either aspect of it. As to the alleged alteration in the will, the Court of Equity has no jurisdiction, but it belongs exclusively to the Court of Probate; which latter Court alone has power to determine the question, what is a will of personalty, and which is the will of the testator, and, consequently, to... |
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Cases |
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| Trimble v. Ratcliff |
9 B.Mon. 511, Court of Appeals of Kentucky (September 20, 1849) |
1849 |
Case stated. IN 1830, Silas Ratcliff, with one Beavers, executed an injunction bond under the penalty of $3,000, for enjoining a judgment in ejectment, and John Graham was the surety of Ratcliff in the bond. In 1834, Silas Ratcliff was surety for one Mins, executed an injunction bond under the penalty of $600, for enjoining a judgment for money. In... |
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Cases |
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| Trimyer v. Pollard |
5 Gratt. 460, Supreme Court of Appeals of Virginia (January 01, 1849) |
1849 |
I concur with Judge Allen in the view he presents of the probable state of the case at the time the instructions were given by the Judge in the Court below; and I also concur with him in the opinion, that the instructions were wrong in so far as they deprived the defendant of the privilege of proving that some of the items in the account filed with... |
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Cases |
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| Trumball v. Gibbons |
22 N.J.L. 117, Supreme Court of New Jersey (April 01, 1849) |
1849 |
1. If a will devise lands to W. and his heirs and assigns for ever, and if W. should die without lawful issue and without leaving a will, or if he should by will, or in any other way, after the date of said devise, give any thing to T., or any of his descendants, then over: this devise vests an estate in fee in the first taker, and the limitation... |
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Cases |
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| Turnipseed v. Cunningham |
16 Ala. 501, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Chancery Court of Pickens. Before the Hon. David G. Ligon, chancellor. |
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Cases |
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| Tutt v. Slaughter's Adm'r |
5 Gratt. 364, Supreme Court of Appeals of Virginia (January 01, 1849) |
1849 |
(Absent Cabell, P.) 1. On a demurrer to evidence, the demurrant admits all that can be reasonably inferred by a jury from the evidence given by the other party; and waives all the evidence on his part which contradicts that offered by the other party, or tends to establish a case inconsistent with the case proved by the evidence of the other party.... |
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Cases |
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| Union Bank v. Barnes |
29 Tenn. 244, Supreme Court of Tennessee (December 01, 1849) |
1849 |
This was a motion for judgment against the sheriff of Davidson county, for the insufficient return of an execution, issued from the circuit court of said county, upon a judgment in favor of the plaintiff in error for one hundred and sixty-seven dollars and ninety-eight cents. The execution was issued on the 30th of June, 1849,... |
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Cases |
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| Union Bank v. Parkhill |
2 Fla. 660, Supreme Court of Florida (January 01, 1849) |
1849 |
The Bonds made by the late Territory, payable to the Union Bank of Florida, are, under the charter of that institution, the property of the Bank, and the funds arising from the sale of them, the funds of the Bank. Shares in the Union Bank, are the mortgage securities given for stock, and a pledge of shares is a pledge of those mortgage securities.... |
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Cases |
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| Upchurch v. Norsworthy |
15 Ala. 705, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Pickens. Before the Hon. Samuel Chapman. |
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Cases |
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| Vanderveer v. Alston |
16 Ala. 494, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Chancery Court of Montgomery. Heard before the Hon. A. Crenshaw, chancellor. |
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Cases |
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| Vaughn v. Bell |
9 B.Mon. 447, Court of Appeals of Kentucky (June 23, 1849) |
1849 |
The case stated. VAUGHN sold a horse to Totten, and took from him a mortgage on the horse to secure the payment of the purchase money The sale was made in the county of Garrard, and the mortgage acknowledged and recorded in that county. Totten resided in the county of Lincoln, and immediately after his purchase, returned home, and took the horse... |
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Cases |
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| Vaught v. Wellborn |
16 Ala. 377, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Madison. Tried before the Hon. Daniel Coleman. |
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Cases |
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| VESSELS OF THE NAVAL MARINE ENTITLED TO SALVAGE. |
5 U.S. Op. Atty. Gen. 116 (June 20, 1849) |
1849 |
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Administrative Decisions & Guidance |
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| Walker v. Brungard |
13 Smedes & M. 723, High Court of Errors and Appeals of Mississippi (November 01, 1849) |
1849 |
T. F. W. conveyed to J. F. W. and W. R. L. property real and personal in trust, to secure G. B. against heavy indorsements and liabilities which he was under for T. F. W.; J. F. W. and W. R. L., the trustees, sold a large part of the trust property under the trust deed, which was purchased by G. B., the beneficiary therein, but afterwards, at the... |
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Cases |
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| Walker v. Duverger |
4 La.Ann. 569, Supreme Court of Louisiana (November 01, 1849) |
1849 |
Appeal from the Second District Court of New Orleans. Canon, J. |
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Cases |
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| Wallis v. Long |
16 Ala. 738, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Talladega. Tried before the Hon. J. J. Woodward. |
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Cases |
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| Warner v. Hitchins |
5 Barb. 666, Supreme Court, General Term, New York (November 01, 1849) |
1849 |
The most important question in this case arises upon the stipulation in the lease, by which the defendants bound themselves at the expiration of the lease to surrender up possession of the premises in the same condition they were in at the time of making the lease, natural wear and tear excepted. Except in one case in the court of appeals of... |
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Cases |
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| Warner v. Hitchins |
5 Barb. 666 (November 01, 1849) |
1849 |
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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| Waters v. Howard |
8 Gill 262, Court of Appeals of Maryland (December 01, 1849) |
1849 |
A grandfather, in view of the marriage of his grandson, promised and agreed with the parties, and the mother and friends of the lady, to buy a farm, stock and furnish it, and place his grandson upon it, pay his debts, and give him a start in the world. The marriage was celebrated, and shortly thereafter, the grandfather purchased a farm for about... |
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Cases |
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| Watson v. Dickens |
12 Smedes & M. 608, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
Instructions asked in the court below, and refused, and so marked by the clerk, are to be considered as if excepted to, without a formal bill of exceptions. Where there is conflict of testimony, so that the mind cannot repose with entire confidence and certainty upon a conclusion in favor of either party, the verdict of the jury will not be... |
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Cases |
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| Watts v. Johnson |
4 Tex. 311, Supreme Court of Texas (December 01, 1849) |
1849 |
Where a petition alleges ownership generally in the plaintiffs, a title showing a special property in one of the plaintiffs and a general property in the others will support an action for the property, if no objection be made to its introduction. Where a mortgagee asserts a claim of absolute ownership in the property mortgaged, it is not necessary... |
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Cases |
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| Watts v. Kilburn |
7 Ga. 356, Supreme Court of Georgia (August 01, 1849) |
1849 |
[1.] If there be an attesting witness to an instrument, his evidence of its execution is the best, and must be produced, if in the power of the party. [2.] If the witness is dead, or blind, or insane, or infamous, or has become interested, since the execution of the paper, or is beyond the process of the Court, or is not to be found, after diligent... |
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Cases |
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| Weare v. Burge |
10 Ired. 169, Supreme Court of North Carolina (August 01, 1849) |
1849 |
An action of trover does not abate by the death of the party doing the wrong, under the Rev. Stat. Ch. 2, Sec. 10. In actions of contract, the parties must all join in the action, or advantage may be taken of the non-joinder on the general issue; but, in actions of tort, the non-joinder must be pleaded in abatement. Where only one, of several... |
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Cases |
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| Weaver v. Yeatmans |
15 Ala. 539, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Pickens. Before the Hon. Samuel Chapman. |
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Cases |
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| Welles v. Cole |
6 Gratt. 645, Supreme Court of Appeals of Virginia (January 01, 1849) |
1849 |
If the bond from Roscow Cole to his daughter could be regarded as a covenant or agreement in consideration of marriage, a question would arise, whether it was void as to creditors under the second section of our registry law, 1 Rev. Code, providing that covenants or agreements made in consideration of marriage, shall be admitted to record in... |
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Cases |
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| West v. Lanier |
28 Tenn. 762, Supreme Court of Tennessee (April 01, 1849) |
1849 |
This is an action of trespass quare clausum fregit, brought by West against Lanier, for digging ore from an iron ore bank. The plaintiff claims title by virtue of an older entry and grant. The defendant claims title to the same land by virtue of a deed of conveyance from a younger grantee. It appears, from the bill of exceptions, that Samuel... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| West v. State |
22 N.J.L. 212, Supreme Court of New Jersey (January 01, 1849) |
1849 |
1. It is not necessary in the record of a criminal conviction to state where the trial was had. In New Jersey the court can be held at but one place, that designated by statute, and it will be intended that the trial was had there. 2. It is not necessary to aver in the record that the trial jury were good and lawful men. 3. It is not... |
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Cases |
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| Wilkson v. State, to Use of Stong |
12 Mo. 353, Supreme Court of Missouri (January 01, 1849) |
1849 |
1st. According to the contract produced in evidence the judgment should have been credited with the amount allowed Wilkson by the County Court, and as the appellees issued execution when the judgment was satisfied, the execution ought to have been quashed. 2nd. Although the County Court found Wilkson indebted to the estate in the sum of $176 73,... |
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Cases |
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| Williams v. Given |
6 Gratt. 268, Supreme Court of Appeals of Virginia (July 01, 1849) |
1849 |
(Absent Cabell, P. and Brooke, J.) 1. Where the owner of personal goods sells and delivers the same to a purchaser, a title to the property passes, though voidable and defeasible as between vendor and vendee, if obtained by false and fraudulent representations of the latter to the injury of the former, in regard to the consideration. In which case,... |
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Cases |
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| Williams v. Kelsey |
6 Ga. 365, Supreme Court of Georgia (February 01, 1849) |
1849 |
[1.] Where money was paid to A by B, who said he paid it for C and by his directions: Held, that B was a competent witness to prove to whom the money belonged, and by whose directions he paid it to A, and that his declarations were not admissible in evidence, for that purpose, made at the time of such payment in favor of his alleged principal. If... |
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Cases |
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| Williams v. Prince |
34 S.C.L. 490, Court of Appeals of Law of South Carolina (May 01, 1849) |
1849 |
It is the general rule that, if a wife voluntarily leave her husband, he is not liable for necessaries supplied by one who had notice. Medical services are, in no case, excepted from this rule. If a wife leaves her husband, and is received back by him, he does not become liable for necessaries supplied 10 her during her absence. |
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Cases |
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| Williams v. Shackelford |
16 Ala. 318, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Autauga. Tried before the Hon. John D. Phelan. |
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Cases |
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| Williams v. State |
15 Ala. 259, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Marion. Before the Hon. S. Chapman. |
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Cases |
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| Williams v. Stewart |
12 Smedes & M. 533, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
When a court of competent jurisdiction issues a supersedeas as to an execution in the hands of the sheriff, the latter need look no farther; he must obey it; it is not for him to inquire into the propriety of the grant of the fiat. It seems that an administrator, who sues out a supersedeas to an execution against his intestate, is not compelled to... |
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Cases |
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| Wills' Adm'r v. Dunn's Adm'r |
5 Gratt. 384, Supreme Court of Appeals of Virginia (January 01, 1849) |
1849 |
(Absent Cabell, P.) 1. It is error to make a personal decree against an adm'r without an account or admission shewing assets of his intestate's estate in his hands sufficient to satisfy the decree. 2. An adm'r whose administration terminated before 1797, is to be charged but five per cent. upon the balance of principal found against him upon a... |
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Cases |
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| Windham v. Clarke |
16 Ala. 659, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Pickens. Tried before the Hon. Samuel Chapman. |
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Cases |
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| Winter v. Donovan |
8 Gill 370, Court of Appeals of Maryland (December 01, 1849) |
1849 |
The plaintiff here, was the plaintiff below. His action was brought for slander and a libel. The plea was not guilty, and verdict for the defendant. In the course of the trial, the plaintiff took one exception. It does not appear that he offered any proof whatever, in support of any one of the allegations to be found in his declaration. As far as... |
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Cases |
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| Witherspoon v. Carmichael |
6 Ired.Eq. 143, Supreme Court of North Carolina (August 01, 1849) |
1849 |
The motion to dissolve the injunction in this case was properly granted, and that for two very sufficient reasons. The first is, that all the material allegations, upon which the plaintiffs found their claim for relief, are denied by the defendant; and the second is, that, taking the allegations of the bill to be true, they are not sufficient to... |
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Cases |
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| Wolfe v. Bate |
9 B.Mon. 208, Court of Appeals of Kentucky (September 26, 1849) |
1849 |
Mortgages. Deeds of Trust. Frauds, statute of. Parties. APPEAL FROM THE MEADE CIRCUIT. This opinion was rendered on the 26th of September, 1848, by Chief Justice MARSHALL, and was suspended on petition for a re-hearing until the 30th January, 1849, when the petition was overruled. Case stated. R. T. ROBERTSON having, in consideration of a large... |
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Cases |
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| Womack v. Greenwood |
6 Ga. 299, Supreme Court of Georgia (February 01, 1849) |
1849 |
[1.] The error assigned to the judgment of the Court below is, the sustaining the demurrer to the complainant's bill, and dismissing it. The testator, by the second clause of his will, directs that all his real estate and perishable property, be sold, so soon as his executors shall deem prudent, for the payment of his debts. By the third clause in... |
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Cases |
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| Wood v. Ingraham |
22 S.C.Eq. 105, Court of Appeals of Equity of South Carolina (November 01, 1849) |
1849 |
Where a voluntary deed was executed, when neither the cestui que trust nor trustee, nor any one acting for them was present, and the donor retained the entire possession and control of the deed, and made no publication of its contents, nor declaration of her intention to deliver it-the deed was held not to have been delivered. To give validity to... |
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Cases |
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| Woodruff v. Roberts |
4 La.Ann. 127, Supreme Court of Louisiana (February 01, 1849) |
1849 |
Appeal from the District Court of Carroll, Selby, J. |
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Cases |
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