TitleCitationYearSummaryMost RelevantTypeStatus
Wood's Adm'r v. Nelson's Adm'r 9 B.Mon. 600, Court of Appeals of Kentucky (October 02, 1849) 1849 Case stated in the bill. IN January, 1844, James Woods died, leaving his second wife surviving, and also children by both wives. In February, 1844, the County Court of Estill county, in which he had lived and died, admitted to probate, as his last will and testament, a writing, by which Jonathan Nelson was appointed executor, with directions to...   Cases  
Woodson v. Law 7 Ga. 105, Supreme Court of Georgia (July 01, 1849) 1849 [1.] The ground of error alleged to the decision of the Court below, in this case is, that the plaintiff below was permitted to amend his declaration, by changing the christian name of the plaintiff from William to James Law. On the application to amend the declaration, it was judicially made to appear to the Court by the plaintiff's attorney, that...   Cases  
Woodson v. Perkins 5 Gratt. 345, Supreme Court of Appeals of Virginia (January 01, 1849) 1849 (Absent Cabell, P.) 1. A deed of marriage settlement settles the wife's property upon her for her exclusive use and benefit, and to be at her sole and only disposal; and then provides that the trustee shall convey and deliver the property, or any part of it, to such persons, in such proportions, and at such times, as the wife shall, from time to...   Cases  
Woodward v. James 34 S.C.L. 552, Court of Appeals of Law of South Carolina (May 01, 1849) 1849 The testator was sustained and encouraged by his son in his opposition to his daughter's marriage, in resentment for which he made his will depriving her of any portion of his property, and giving it wholly to his son: although there was no proof that the son had exercised any such undue influence in the procurement of the will as would legally...   Cases  
Wright v. Ross 2 Greene 266, Supreme Court of Iowa (June 01, 1849) 1849 W. G. Ross commenced an action of detinue before a justice of the peace, to recover a pistol from G. M. Wright. Plaintiff recovered judgment, and the defendant took the case to the district court by writ of certiorari, where the judgment of the justice was affirmed. Upon the trial of the certiorari, the following questions were raised and decided...   Cases  
Yongue v. Aiken 34 S.C.L. 533, Court of Appeals of Law of South Carolina (May 01, 1849) 1849 The defendant in execution is a competent witness for the sheriff, in an action to recover from a purchaser the amount of his bid, at a sale of the defendant's property.   Cases  
Young v. Harrison 6 Ga. 130, Supreme Court of Georgia (January 01, 1849) 1849 [1.] The right to receive toll for the transportation of travelers and others, across a river on a public highway is, at Common Law, a franchise of the Crown. In this State, it belongs to the people collectively. [2.] The owner of land on the banks of a river, has not, as a matter of right, and merely because he is owner, the privilege of keeping a...   Cases  
Adamson v. Cummins 10 Ark. 541, Supreme Court of Arkansas (January 01, 1850) 1850 As to the power of the circuit court to set aside sales made under its process. A judgment obtained in the circuit court against an administrator, as such, cannot be executed until the estate is settled in the probate court; but an execution issued on such judgment before it is ascertained that there are assets to pay it, is irregular, not void. If...   Cases  
Adle v. Anty 5 La.Ann. 631, Supreme Court of Louisiana (September 01, 1850) 1850 Appeal from the District Court of Natchitoches. Olcott, J.   Cases  
Alexander v. Fisher 18 Ala. 374, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne.   Cases  
Allen v. Campbell 5 La.Ann. 754, Supreme Court of Louisiana (December 01, 1850) 1850 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Anderson's Adm'r v. Irvine 11 B.Mon. 341, Court of Appeals of Kentucky (January 18, 1850) 1850 Pleading in Chancery. Practice. Infants. ERROR TO THE FRANKLIN CIRCUIT. Case stated?? THE complainant alleges in his bill that he recovered a judgment in the Fayette Circuit Court against the administrator de bonis non of the estate of Simeon H. Anderson, deceased; that execution had issued to Boyle county, where the defendant resides, and has been...   Cases  
Andress v. Roberts 18 Ala. 387, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the County Court of Monroe.   Cases  
Anne v. State 30 Tenn. 205, Supreme Court of Tennessee (December 01, 1850) 1850 This is a question of costs. The plaintiff in error was indicted and convicted of murder, and the question is presented for our determination, whether the costs shall be paid out of the State treasury, or out of the treasury of the county in which the crime was committed, and in which the prosecution was instituted. The act of 1819, ch. 35, sec. 3,...   Cases  
Arbuckle v. Bouny 5 La.Ann. 699, Supreme Court of Louisiana (November 01, 1850) 1850 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Armstrong v. Baker 6 Ired.Eq. 553, Supreme Court of North Carolina (June 01, 1850) 1850 The bill is filed to obtain a construction of the will of David Baker. The plaintiffs insist that the plaintiff, Catharine, is entitled to one fifth part of the whole estate, real and personal. The defendant insists that she was entitled only to her support and the privilege of living with her children in the mansion house during her life or...   Cases  
Arnandez v. Lawes 5 La.Ann. 127, Supreme Court of Louisiana (February 01, 1850) 1850 Appeal from the District Court of Iberville. Burk, J.   Cases  
Arnold v. Mattison 3 Rich.Eq. 153, Court of Appeals of Equity of South Carolina (November 01, 1850) 1850 If an instrument absolute on its face, can be converted, by parol, into a defeasible instrument, except where the omission to reduce the defeasance to writing was occasioned by fraud or mistake, the evidence must be very clear and convincing; and where the allegations of the bill are denied by the answer, there must be more than the testimony of...   Cases  
Arnold's Ex'rs v. Arnold's Adm'r 11 B.Mon. 81, Court of Appeals of Kentucky (December 23, 1850) 1850 Abatement. Wills, construction of. Estates for Life. Remainders, vested and contingent. ERROR TO THE GARRARD CIRCUIT. Case stated and decision of the Circuit Court. THIS case was formerly here under the name of Arnold's Heirs vs. Arnold's Administrator, etc., and the decree rendered in 1847, was reversed in an opinion reported in 8 B. Monroe, 202....   Cases  
Baalam v. State 17 Ala. 451, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Dallas. Tried before the Hon. Nath. Cook.   Cases  
Bach v. Cornen 5 La.Ann. 109, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by plaintiff from the Fifth District Court of New Orleans. Buchanan, J.   Cases  
Bailey v. Boyce 23 S.C.Eq. 84, Court of Appeals of Equity of South Carolina (January 01, 1850) 1850 Testator left at his death, his widow and an only daughter, and by his last will and testament, devised and bequeathed to them each, absolutely, one moiety of all his estate, both real and personal. The widow, having accepted of the provisions in her favor under the will, subsequently set up a claim to be endowed of all the real estate of...   Cases  
Baker v. Irwin 5 La.Ann. 588, Supreme Court of Louisiana (September 01, 1850) 1850 Appeal from the District Court of St. Mary, Voorhies, J.   Cases  
Ballard v. Brummitt 23 S.C.Eq. 171, Court of Appeals of Equity of South Carolina (May 01, 1850) 1850 The surety of a guardian held not to be liable for money received by the guardian through mistake, as a part of the estate of his wards, and which he was afterwards unable to refund to the parties entitled to it. A surety shall not be charged beyond the terms of his covenant.   Cases  
Barbet v. Langlois 5 La.Ann. 212, Supreme Court of Louisiana (March 01, 1850) 1850 Appeal from the District Court of Iberville, Burk, J.   Cases  
Barnard v. Moseley 3 Fla. 322, Supreme Court of Florida (January 01, 1850) 1850 An arrangement made by a surety, under and by virtue of which property mortgaged was left in the hands and subject to the control and management of the debtors, with the intent that by the rents, issues and profits they might diminish or pay off and discharge the mortgage debt for which the surety was bound, and thus save the property from sale at...   Cases  
Bartlett v. Peck 5 La.Ann. 669, Supreme Court of Louisiana (October 01, 1850) 1850 Appeal from the District Court of Morehouse, Copley, J.   Cases  
Bass v. Balph 5 La.Ann. 235, Supreme Court of Louisiana (April 01, 1850) 1850 Appeal from the District Court of Madison. Snyder, J.   Cases  
Bastable's Heirs v. Curry 5 La.Ann. 411, Supreme Court of Louisiana (May 01, 1850) 1850 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Beall v. Barclay 10 B.Mon. 261, Court of Appeals of Kentucky (June 14, 1850) 1850 Witness. Evidence. Liens. Mortgages. Attachments. APPEAL FROM THE CHRISTIAN CIRCUIT. WRIT OF ERROR TO THE CHRISTIAN CIRCUIT. The case stated. THE appellees, complainants in the Circuit Court, by proper allegations in their bill, obtained an attachment, on a tract of five hundred and eighty-one acres, and one of twenty-nine acres of land, the...   Cases  
Beall v. Beall 8 Ga. 210, Supreme Court of Georgia (February 01, 1850) 1850 [1.] Bastards may be made legitimate, and capable of inheriting, by an Act of Parliament. The Legislature of Georgia possess the same power. [2.] In England, the sovereignty of the nation resides in the Governmentin this country, the supreme power is in the people. [3.] In England, the omnipotent authority of the Parliament is the dernier...   Cases  
Bean v. Welsh 17 Ala. 770, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Morgan. Tried before the Hon. S. C. Posey.   Cases  
Beckwith v. Cheever 1 Fost. 41, Superior Court of Judicature of New Hampshire (July 01, 1850) 1850 The owner of land, proposed to the plaintiff, that he might take timber from the land, upon paying for it in a certain way. The plaintiff said he would accept the proposition if he could get his brother to assist him. The owner, Bellows, told him he need not give a decided answer then, but might do so thereafter. The plaintiff afterwards engaged...   Cases  
Beers v. Dawson 8 Ga. 556, Supreme Court of Georgia (July 01, 1850) 1850 [1.] A claimant cannot set up an outstanding title in a third person, to protect himself and defeat the plaintiff in execution. [2.] The presumption of fraud, arising from the continued possession of chattels by the vendor, after an absolute bill of sale has been executed, maybe explained; otherwise, it becomes conclusive. Claim, in Muscogee...   Cases  
Beirne v. Mower 13 Smedes & M. 427, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 Judgments rendered prior to the 24th of February, A. D. 1844, by virtue of the act of limitations approved that day, lost their lien on the 24th of February, A. D. 1846; and a levy made in the interval on property, whether real or personal, under execution upon such judgments, would not preserve the lien on the property levied on, from the date of...   Cases  
Belt v. Marriott 9 Gill 331, Court of Appeals of Maryland (December 01, 1850) 1850 The legal sufficiency of evidence in a question of law of which the court are the exclusive judges. Wherever testimony is so light and inconclusive that no rational well constructed mind can infer from it the fact which it is offered to establish, it is the duty of the court when applied to for that purpose, to instruct the jury that there is no...   Cases  
Bennett v. Butterworth 52 U.S. 669, Supreme Court of the United States (December 01, 1850) 1850 THIS case was brought up, by writ of error, from the District Court of The United States for the District of Texas. In 1848, Butterworth filed the following petition against Bennett: To the Honorable J. C. Watrous, Judge of the District Court of the United States for the District of the State of Texas, and which court has also Circuit Court...   Cases  
Berkley v. Cannon 4 Rich. 136, Court of Appeals of Law of South Carolina (November 01, 1850) 1850 Incapacity from drunkenness is a valid defence to an action on a contract, though the drunkenness was not procured or produced by the agency of the plaintiff; but to such a defence a very ready ear should not be given. A sealed note, given by one who is too drunk to know what he is doing, is wholly void, and not merely voidable; and is, it seems,...   Cases  
Berry v. Singer 10 Ark. 483, Supreme Court of Arkansas (January 01, 1850) 1850 By the common law practice, a party moving for a new trial was required to abandon previous exceptions, before the motion would be entertained; and if the motion was overruled, the case was at an end, there being no review of evidence in error. In our practice, a party abandons previous exceptions, also, by moving for a new trial; but if the motion...   Cases  
Bibb v. Martin 14 Smedes & M. 87, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 While the circuit courts have jurisdiction on their equity side to foreclose mortgages without regard to amount; and, in the exercise of that jurisdiction, may draw to themselves incidental inquiries auxiliary to the exercise of the power; yet it seems doubtful whether those courts would have jurisdiction of a bill in which it would be necessary to...   Cases  
Billingsley v. Harris 17 Ala. 214, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Orphans' Court of Pickens.   Cases  
Bird v. Black 5 La.Ann. 189, Supreme Court of Louisiana (March 01, 1850) 1850 Appeal from the District Court of East Baton Rouge.   Cases  
Bird v. Jones 5 La.Ann. 643, Supreme Court of Louisiana (October 01, 1850) 1850 Appeal from the District Court of Ouachita, Copley, J.   Cases  
Blanton v. Morrow 7 Ired.Eq. 47, Supreme Court of North Carolina (August 01, 1850) 1850 In order to pass a title to the interest of a remainderman in personal property, sold under execution, it is necessary that the property should be present at the sale. The sheriff, who has an execution against a remainder-man, has a right to seize the property in possession of the tenant for life and bring it to the place of sale. The cases of...   Cases  
Bond v. Baldwin 9 Ga. 9, Supreme Court of Georgia (August 01, 1850) 1850 [1.] When there is a rule for a new trial, and the decision of the Court on the grounds taken in the rule is excepted to, it is not competent for plaintiff in error to except to decisions made on the trial, not excepted to at the time, and not embraced in the rule. [2.] The admission of illegal testimony on the trial, not objected to at the time,...   Cases  
Bond v. Connelly 8 Ga. 302, Supreme Court of Georgia (March 01, 1850) 1850 [1.] There is only one question in this record for our consideration-for but one decision was made by the Court below. We were invited, by counsel for the plaintiff in error, to the consideration of a number, which invitation we declined. The sole question is, whether Dempsey Connelly ought to have been retained as a party to the bill filed by the...   Cases  
Bonnafe v. Lane 5 La.Ann. 225, Supreme Court of Louisiana (March 01, 1850) 1850 Appeal from the District Court of Madison, Snyder, J.   Cases  
Bonner v. Gill 5 La.Ann. 629, Supreme Court of Louisiana (September 01, 1850) 1850 Appeal from the District Court of Rapides, Cushman, J.   Cases  
Boring v. Williams 17 Ala. 510, Supreme Court of Alabama (January 01, 1850) 1850 Error to the County Court of Macon. Tried before the Hon. Henry M. Elmore. MOTION by defendant as treasurer of Macon county against Boring, tax collector of said county, and seven out of eight of his securities, for his failure to collect and pay over the taxes of 1847. The bond executed by the plaintiffs in error is conditioned that the said...   Cases  
Botts v. Patton 10 B.Mon. 452, Court of Appeals of Kentucky (September 21, 1850) 1850 Frauds. Bankrupts. Limitation. ERROR TO THE FLEMING CIRCUIT. Case stated. BOTTS and Hathaway each exhibited a bill in Chancery to subject to the payment of debts due to them by judgments against John L. Patton, upon which executions had been returned no property found, the estate of the defendant in the judgment, which they alleged, had been...   Cases  
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