| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Cravy v. Rawlins |
8 Ga. 450, Supreme Court of Georgia (June 01, 1850) |
1850 |
The only question presented on the argument of this case was, whether the instrument contained in the record is to be considered as a deed or a will. According to the principles settled by this Court in Hester vs. Young, (2 Kelly, 31,) this instrument must be adjudged to be a will and not a deed. By the terms of the instrument, Elizabeth Paramore,... |
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Cases |
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| Crittenden v. Johnson |
11 Ark. 94, Supreme Court of Arkansas (January 01, 1850) |
1850 |
Under our Territorial Statute (of 1817) the widow is entitled to dower in lands aliened by her husband in his life time, in which she did not join, though his estate be insolvent, as held in Crittenden v. Woodruff, ante. The case of the State, use, &c. v. Lawson, et al., 6 Ark, 269, held not to be good law, because it obliter ates the well defined... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Crutcher v. Crutcher |
30 Tenn. 377, Supreme Court of Tennessee (December 01, 1850) |
1850 |
The case is an issue of devisavit vel non, on a script propounded as the hologragraphic will of Thomas Crutcher, deceased; it commences as follows: Nashville Inn, 25th February, 1844. A list of the property owned by Thomas Crutcher: 3,000 acres of land, Dyer county; 640 acres of land in Lauderdale; 133 acres one tract, David son, etc., naming a... |
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Cases |
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| David v. Beelman |
5 La.Ann. 545, Supreme Court of Louisiana (June 01, 1850) |
1850 |
Appeal from the District Court of Jefferson, Clarke, J. |
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Cases |
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| Davis v. Binion |
5 La.Ann. 248, Supreme Court of Louisiana (April 01, 1850) |
1850 |
Appeal from the District Court of Carroll, Snyder, J. |
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Cases |
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| Davis v. Davis |
5 La.Ann. 561, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of St. Landry, Overton, J. |
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Cases |
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| Davis v. Police Jury of Parish of Concordia |
50 U.S. 280, Supreme Court of the United States (January 01, 1850) |
1850 |
THIS case was brought up from the Supreme Court of the State of Louisiana, by a writ of error issued under the twenty-fifth section of the Judiciary Act. As the decision of the court turned upon the single point when the treaty of St. Ildefonso became operative, so far as to extinguish the right of the Spanish governor to grant a perpetual... |
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Cases |
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| Day v. Collins |
5 La.Ann. 588, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of St. Mary, Voorhies, J. |
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Cases |
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| Deadrick v. Armour |
29 Tenn. 588, Supreme Court of Tennessee (April 01, 1850) |
1850 |
The property involved in these suits was derived from two distinct sources; but all the parties interested in it are before the court, either in the one suit or the other, both of which have been heard together in the court below and in this court. Indeed, the interests of the parties, though derived originally from different sources, are so... |
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Cases |
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| Dearing v. Ford |
13 Smedes & M. 269, High Court of Errors and Appeals of Mississippi (January 01, 1850) |
1850 |
It is not necessary, in order to the maintenance of the action of replevin under the statute, (Hutch. Code, 817,) even where the original taking was not tortious, that there should have been a demand of the possession before action brought. If, however, no demand be made, and the original possession of the defendant be lawful, he may tender the... |
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Cases |
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| Dees v. Seale |
5 La.Ann. 688, Supreme Court of Louisiana (October 01, 1850) |
1850 |
Appeal from the District Court of Union, Copley, J. |
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Cases |
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| Den ex dem. Weatherhead v. Baskerville |
52 U.S. 329, Supreme Court of the United States (December 01, 1850) |
1850 |
THIS case was brought up, by writ of error, from the Circuit Court of the United States for the Middle District of Tennessee. The whole evidence given upon the trial in the Circuit Court was incorporated into the bill of exceptions, which must be inserted in this statement, and the preliminary narrative must therefore be brief. On the 20th of July,... |
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Cases |
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| Denton v. Erwin |
5 La.Ann. 18, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Dolliole v. White |
5 La.Ann. 98, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by plaintiff from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Donnell v. Jones |
17 Ala. 689, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Autauga. Tried before the Hon. John D. Phelan. THIS was an action on the case by the defendants against the plaintiff in error to recover damages for the wrongful and vexatious suing out of an ancillary attachment. The plaintiffs proved on the trial that on and before the 1st day of January 1845, they were partners and... |
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Cases |
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| Dorsey v. Carrollton Bank |
5 La.Ann. 237, Supreme Court of Louisiana (April 01, 1850) |
1850 |
Appeal from the District Court of Carroll, Snyder, J. |
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Cases |
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| Dow v. Hilliard |
35 S.C.L. 274, Court of Appeals of Law of South Carolina (February 01, 1850) |
1850 |
Case ordered for new trial, rather than re-argument, where it involved interests affecting the public at large, and of far greater moment than those which were the immediate cause of the suit; where the questions involving these interests had not been sufficiently noticed or argued, and where the delay would be as long by an order for re-argument,... |
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Cases |
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| Downs v. Kissam |
51 U.S. 102, Supreme Court of the United States (December 01, 1850) |
1850 |
In error to the Circuit Court of the United States for the Southern District of Mississippi. A writ of fieri facias issued on the 5th of January, 1842, from the Circuit Court of the United States for the Southern District of Mississippi, at the instance of Joseph Kissam (the defendant in error), against one James J. Chewning, for $2336.22, besides... |
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Cases |
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| Dugas v. Estiletts |
5 La.Ann. 559, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of St. Martin, Voorhies, J. |
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Cases |
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| Dunbar's Syndics v. Woods |
5 La.Ann. 135, Supreme Court of Louisiana (February 01, 1850) |
1850 |
Appeal by plaintiffs from the District Court of West Baton Rouge, Burk, J. |
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Cases |
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| Dupre v. Desmaret |
5 La.Ann. 591, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of St. Landry, Overton, J. |
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Cases |
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| Dupre v. Prescott |
5 La.Ann. 592, Supreme Court of Louisiana (September 01, 1850) |
1850 |
Appeal from the District Court of St. Landry, Overton, J. |
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Cases |
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| Dupree v. Perry |
18 Ala. 34, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Orphans' Court of Pickens. |
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Cases |
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| Durand v. De La Pacquerie |
5 La.Ann. 38, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by E. A. De Lucker, widow, intervenor, from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Easton v. Easton |
7 Ired.Eq. 98, Supreme Court of North Carolina (December 01, 1850) |
1850 |
This was a bill filed by an executor, to obtain from the Court advice in the construction of the will of his testator, upon the following state of facts: In January 1843, John S. Easton executed his will, by which he devised to his son, Henry, several tracts of land, and to his son, John, several tracts of land, including the home place after the... |
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Cases |
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| Endicott v. Penny |
14 Smedes & M. 144, High Court of Errors and Appeals of Mississippi (November 01, 1850) |
1850 |
While a judgment at law is a bar to any relief in equity in relation to the subject-matter involved in the suit at law, if such judgment be properly relied on; yet if, after judgment at law, the party against whom it is rendered apply for relief to equity, and the defence be of such a character that a court of equity would have had original... |
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Cases |
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| Erwin v. Bank of Kentucky |
5 La.Ann. 1, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by defendant from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Ewing v. Standefer |
18 Ala. 400, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. |
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Cases |
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| Ex parte Crittenden |
10 Ark. 333, Supreme Court of Arkansas (January 01, 1850) |
1850 |
A decree, which disposes of the matters in issue between the parties and gives all the consequential directions necessary to carry it into execution, is a final decree; but if such consequential directions be not given, though the decree may adjudicate as to the interest or right in controversy, it is not final. A decree in favor of a demandant for... |
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Cases |
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| Ex parte Garnet |
10 F.Cas. 6, Circuit Court, D Maryland (October 18, 1850) |
1850 |
Henry Garnett was before the court on a warrant issued on the affidavit of Thomas Price Jones, of Cecil county, Maryland. The affidavit set forth that the claimant was the executor and residuary legatee of Benedict Jones, deceased; that Henry Garnett belonged to the estate of Benedict Jones; that he was held to labor for a term of years, and that... |
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Cases |
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| Fairfax v. Fairfax's Ex'r |
7 Gratt. 36, Supreme Court of Appeals of Virginia (May 11, 1850) |
1850 |
1. To the judgment of a County court refusing to permit a person named as executor in a will, to qualify as such without giving security, an appeal demandable as of right, lies to the Circuit court. 2. A testator appointed his wife and son executrix and executor of his will; and expressing his confidence in them, directed that they should be... |
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Cases |
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| Fairly v. McLean |
11 Ired. 158, Supreme Court of North Carolina (June 01, 1850) |
1850 |
This is trover for three single bonds. The plaintiff's intestate owned the bonds. One was payable to him or bearer; the others were payable to him. The intestate delivered the bonds to his son, John McLean, saying, I give these to you and your children forever. The son died soon after his father, having the bonds in his possession, and the... |
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Cases |
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| Farr v. Davis |
5 La.Ann. 28, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by plaintiff from the District Court of Jefferson. Clarke, J. A motion was made in this case in the court of the first instance to set aside a sequestration. The decision of that court was as follows: The defendant moves to set aside the sequestration issued on several grounds. Among others, that the averments of the affidavit and petition... |
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Cases |
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| Farrar & Hays v. Wingate's Adm'rs |
4 Rich. 35, Court of Appeals of Law of South Carolina (November 01, 1850) |
1850 |
Upon plaintiff's fi. fa. was indorsed a stay of sales only, and the plaintiff's attorney informed the sheriff that the stay was intended to apply only to the sale, and instructed him to levy immediately. Held, that the indorsement on the fi. fa. did not justify the sheriff in failing to make a levy, and that he was liable to the... |
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Cases |
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| Farris v. Martin |
29 Tenn. 495, Supreme Court of Tennessee (April 01, 1850) |
1850 |
On the 11th of April, 1837, the complainants, Welford Farris and Thomas Hampton, bought of Samuel Dickens a tract of land of six hundred and forty acres, situate in the county of Obion, for which they executed to him their joint notes for the sum of two thousand two hundred and forty dollars. The contract of purchase for this tract of land was made... |
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Cases |
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| Featherston v. Featherston |
11 Ired. 317, Supreme Court of North Carolina (August 01, 1850) |
1850 |
When his Honor, the presiding Judge, pronounced his opinion in this case, he entirely overlooked those of Henry and Patrick, 1st Dev. & Bat. 358, and Caldwell and Smith,,?? 4 Dev. & Bat. 67, or drew a distinction in principle, between them and the present case, which the facts do not warrant. In the first case, the defendant sold to the plaintiff a... |
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Cases |
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| Felder v. Davis |
17 Ala. 418, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Chancery Court of Macon. Tried before the Hon. David G. Ligon. THE bill, which was filed by the plaintiffs against the defendants in error, alleges that Elizabeth Felder is the daughter of Bud Davis, deceased, and the wife of B. B. Felder, one of the defendants, and that the other complainants are the children of the said Elizabeth and... |
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Cases |
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| Fillyau v. Laverty |
3 Fla. 72, Supreme Court of Florida (January 01, 1850) |
1850 |
When a bill is filed by a creditor of a partnership against the representatives of a deceased partner, the surviving partned being interested in taking an account, should be made a party. In equity, partnership debts are joint and several, and the creditors of a partnership may proceed at law against a surviving partner; and in equity, against the... |
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Cases |
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| Flinn v. Davis |
18 Ala. 132, Supreme Court of Alabama (June 01, 1850) |
1850 |
ERROR to the Chancery Court of Clarke. Tried before the Hon. J. W. Lesesne. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Floyd v. Floyd |
4 Rich. 23, Court of Appeals of Law of South Carolina (November 01, 1850) |
1850 |
Tenancy, from year to year, of a farm used for agricultural purposes, looks to the end of the calender year for its termination; and, if the landlord would determine it, he must, during the current year, give notice of his intention to do so at the end of the year. Rent is not essential to a tenancy. The appellant will not, without a copy of the... |
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Cases |
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| Flynt v. Hatchett |
9 Ga. 328, Supreme Court of Georgia (January 01, 1850) |
1850 |
[1.] When an action is brought by a cestui que trust, to enforce against the trustee the provisions of the trust deed, and he does not deny the complainant's interest in the trust estate, but defends upon other grounds, the limitation to the suit is the time applicable to sealed instruments. [2.] The Statute of Limitations does not run against a... |
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Cases |
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| Foley v. Harrison |
5 La.Ann. 75, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by defendant from the Fifth District Court of New Orleans. Buchanan, J. L. Lessassier and the Citizens' Bank were called in warranty, and intervened in this case. |
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Cases |
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| Footman v. Pendergrass |
3 Rich.Eq. 33, Court of Appeals of Equity of South Carolina (November 01, 1850) |
1850 |
The current of decisions in this State seems to be that the Statutes 13 and 27 Eliz., are in affirmance of the common law; and, at the common law, no distinction exists between the rights of creditors and purchasers as against a prior voluntary conveyance. A voluntary conveyance, without actual fraud in its origin, is valid against the claims of a... |
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Cases |
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| Ford v. Aiken |
4 Rich. 121, Court of Appeals of Law of South Carolina (November 01, 1850) |
1850 |
Where a transaction, good between the parties to it, is void for constructive fraud, as to the subsequent creditors, without notice, of one of them, a purchaser at a sale made by the sheriff, under executions against that one, acquires the rights of any creditor whose fi. fa. gave authority to the sheriff; and notice had by the purchaser is... |
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Cases |
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| Foster v. Woodfin |
11 Ired. 339, Supreme Court of North Carolina (August 01, 1850) |
1850 |
Where a man has conveyed a personal chattel, but still retains the possession, his acts and declarations, even subsequent to such conveyance, while he continues in possession, are evidence against the vendee or grantee, on a question of fraud. Where a man makes an absolute conveyance of a chattel, purporting to be either a sale or a gift, and... |
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Cases |
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| Fowler v. Merrill |
52 U.S. 375, Supreme Court of the United States (December 01, 1850) |
1850 |
THIS was an appeal from the Circuit Court of the United States for the District of Arkansas, sitting as a court of equity. It was a bill filed by Merrill, the appellee, against Fowler and Badgett and other persons, under the following circumstances. In April and June, 1837, N. L. Williams made the following notes: $11,428 22/100. Natchez, 1st... |
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Cases |
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| Francis v. Scott |
5 La.Ann. 668, Supreme Court of Louisiana (October 01, 1850) |
1850 |
Appeal from the District Court of Morehouse, Copley, J. |
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Cases |
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| French v. Campbell's Heirs |
13 Mo. 485, Supreme Court of Missouri (July 01, 1850) |
1850 |
In the year 1827, during the life-time of John Hardeman, Sophia W. Campbell and her husband instituted against him, in the Howard Circuit Court, a suit in chancery. The substance of their original and amended bill is, that Mrs. Campbell was the natural daughter of Thomas Hardeman, who was the father of the said John, and subsequently made a... |
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Cases |
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| Frierson v. Irwin |
5 La.Ann. 525, Supreme Court of Louisiana (June 01, 1850) |
1850 |
Appeal from the Second District Court of New Orleans. Lea, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Frierson v. Irwin |
5 La.Ann. 531, Supreme Court of Louisiana (June 01, 1850) |
1850 |
The defendant has applied for a re-hearing, contending that the court erred in sustaining the plaintiff's title on the ground of prescription. Courts, it is said, cannot supply the plea of prescription, and the plaintiff has not pleaded it. It is true, that the plaintiff has not specially set up prescription in his petition. But if it be conceded,... |
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Cases |
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