TitleCitationYearSummaryMost RelevantTypeStatus
Hunt v. Johnson 10 B.Mon. 342, Court of Appeals of Kentucky (June 28, 1850) 1850 Case stated. RICHARD JOHNSON, of Virginia, died in the year 1814, leaving at his death his widow and three children, Ormasinda, Mary Y. and Marshall D., infants. Shortly after his death another daughter was born, and named Sarah. Ormasinda married John M. Hunt, and died leaving one child only, Martha J. Hunt, the complainant in this suit. Mary Y....   Cases  
Hunter v. Bradford 3 Fla. 269, Supreme Court of Florida (January 01, 1850) 1850 An answer asserting the ignorance of the defendant as to the truth of the allegations and charges of a bill, but averring that he does not believe them to be true, is not sufficient to warrant the dissolution of an injunction which has been granted as a proper auxiliary to the relief sought. Where the insolvency of an estate is charged in a bill,...   Cases  
Hunt's Adm'r v. Dupuy 11 B.Mon. 282, Court of Appeals of Kentucky (March 08, 1850) 1850 Trusts. Husband and Wife. ERROR TO THE SHELBY CIRCUIT. The case stated. IN 1823, John Hunt recovered against Benjamin F. and Samuel Dupuy, a judgment for $458, with interest and costs, an execution on which was shortly afterward returned no property found. In 1845, Hunt having previously died, his administrator revived the judgment,...   Cases  
Hyams v. Valentine 35 S.C.L. 408, Court of Appeals of Law of South Carolina (January 01, 1850) 1850 Sales at auction, or otherwise, of his goods, with the intent to defraud his creditors out of the proceeds, is such a fraud as the law contemplates, and will prevent the discharge under the Insolvent Debtor's Act, of the party making such sale. On the trial of a suggestion of fraud, where defendant's books have been introduced, it is not for the...   Cases  
Hynes v. Stewart 10 B.Mon. 429, Court of Appeals of Kentucky (September 18, 1850) 1850 Partners and partnerships. Rescission of partnership contracts. ERROR TO THE LOUISVILLE CHANCERY COURT. A. H. HYNES being the owner of a tract of land lying in Butler county, on which there was a large distillery and mill that he had been managing and conducting for at least one year previously, sold, on the 19th day of June, 1848, to Stewart &...   Cases  
Ingram v. Phillips 36 S.C.L. 200, Court of Appeals of Law of South Carolina (May 01, 1850) 1850 Under the oldest execution against a father, who was insolvent, his land, worth 800 dollars, was sold by the sheriff, bid off by his son for 5 dollars, and conveyed by him, without any valuable consideration, to his sister-the father paying the bid and retaining the possession of the land during his life. By a subsequent sale of the father's other...   Cases  
Irons v. Reyburn 11 Ark. 378, Supreme Court of Arkansas (July 01, 1850) 1850 In this case but a single question is presented, and that is, whether or not the complainant below was entitled to be heard at all in a court of equity. Beyond this his case is clear enough. It is insisted that he had committed iniquity and therefore that the door of the court ought to have been closed against him and the chancellor's ears deaf to...   Cases  
Jackson's Adm'r v. Sublett 10 B.Mon. 467, Court of Appeals of Kentucky (September 02, 1850) 1850 Femes covert. Remainders vested and contingent. ERROR TO THE LOGAN CIRCUIT. The case stated. ON the 7th of January, 1846, Samuel D. Sublett executed to Mary Jackson, executrix of John Jackson, deceased, his note for $380, due twelve months after date. The payee died, and in 1848 Francis W. Jackson, a son of her intestate, brought an action and...   Cases  
Jaggers v. Robinson 23 S.C.Eq. 122, Court of Appeals of Equity of South Carolina (May 01, 1850) 1850 The general rule is, that an issue shall be returned to the Court which orders it; and all objections to the finding must be made in the same Court. But where, on an appeal from the finding of an issue ordered by the Court of Appeals, that Court had not retained the Circuit decree, on which the issue was based, but had formally reversed it, the...   Cases  
Johnson v. Jones 13 Smedes & M. 580, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 It is well settled that a vendee who is in possession under covenants of warranty, cannot, at law, set up a failure of consideration as a defence to a note given for the purchase-money, unless he has been evicted, or unless he can establish fraud in the contract of sale. The same rule prevails in equity, unless it be shown that the vendor is...   Cases  
Johnson v. Municipality No. 1 5 La.Ann. 100, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by defendant from the Third District Court of New Orleans. Kennedy, J.   Cases  
Johnson v. State 17 Ala. 618, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Johnson v. White 13 Smedes & M. 584, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 The case of Agnew v. McElroy, 10 S. & M. 552 cited, and confirmed. It is no bar to a second suit if the first action is incompetent, or if the plaintiff mistake his character, or if the first judgment is given for faults in the declaration or pleadings. A judgment on a pleading which does not go to the foundation of the action, is no bar to a...   Cases  
Jones & Hughson v. Burr 36 S.C.L. 147, Court of Appeals of Law of South Carolina (May 01, 1850) 1850 Plaintiffs, under their fi. fa. against defendant, caused the sheriff to levy upon certain goods and merchandize in his possession, and to sell them, and received the full amount of their judgment. Afterwards, defendant being only an agent, his principal and the owner of the goods, recovered from plaintiffs and the sheriff the amount of the...   Cases  
Jones' Ex'rs v. Hoskins 18 Ala. 489, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Chancery Court of Franklin. Tried before the Hon. W. W. Mason.   Cases  
Jones v. Arterburn 30 Tenn. 97, Supreme Court of Tennessee (September 01, 1850) 1850 This was an issue of devisavit vel non to determine the validity of a paper purporting to be the last will of Charles Jones, deceased. The jury returned a verdict responding affirmatively to the issue, and the court refusing to grant a new trial, the defendant prosecuted this appeal in the nature of a writ to this court, to reverse the judgment....   Cases  
Jones v. Joyner 8 Ga. 562, Supreme Court of Georgia (July 01, 1850) 1850 [1.] An injunction will be generally dissolved upon the coming in of the answer, fully denying the equity of the bill. [2.] If a surety to an usurious contract pays ususious interest, knowing it to be such, he cannot recover it back out of his principal. The answers deny fully the equity of the bill in this case. Injunction dissolved. In Equity, in...   Cases  
Joor v. Sullivan 5 La.Ann. 177, Supreme Court of Louisiana (March 01, 1850) 1850 Appeal from the District Court of West Feliciana, Stirling, J.   Cases  
Jourdan v. Virgil 5 La.Ann. 40, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by plaintiff from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Keaton v. Greenwood 8 Ga. 97, Supreme Court of Georgia (January 01, 1850) 1850 [1.] Courts of Equity have jurisdiction to compel trustees to account for the trust funds in their hands, especially when the accounts are complicated, and from the facts alleged in the bill, it affirmatively appears, a discovery from the defendant is necessary to obtain a decree. [2.] The Statute of Limitations does not begin to run against...   Cases  
Keeton v. Spradling 13 Mo. 321, Supreme Court of Missouri (March 01, 1850) 1850 This is a bill in chancery, filed in the Circuit Court of St?? Francois county, by the heirs of John Keeton against William Spradling, administrator of William Keeton, wo was in his life-time the administrator of John Keeton, and against the heirs of John Smith T., and Elisha Ellis who were securities in the administration bond of said William...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Kemp v. Daniel 8 Ga. 385, Supreme Court of Georgia (May 01, 1850) 1850 [1.] The only question for our judgment, made by the record in this case, is the proper construction to be given to that clause of Bates Bailey's will, which relates to the bequest to his daughter, Celia Rosamond Powell. The testator first directs that all his property shall be kept together, until the first of August, 1830. After making a bequest...   Cases  
Kendall v. Wade 5 La.Ann. 157, Supreme Court of Louisiana (February 01, 1850) 1850 Appeal from the District Court of Carroll, Snyder, J.   Cases  
Kennard v. Adams 11 B.Mon. 102, Court of Appeals of Kentucky (December 27, 1850) 1850 The case stated. ADAMS exhibited a bill in chancery, in which he alleged that James McKee was largely indebted to him, on account of a partnership transaction in the purchase and sale of hogs, in which they, together with a certain Fleming George, had been previously concerned; that there still existed outstanding debts due by them to a very...   Cases  
Kennedy v. Bank of State of Ga. 49 U.S. 586, Supreme Court of the United States (January 01, 1850) 1850 Some of the distinctions stated between bills of review, of revivor, and supplemental and original bills in chancery. This court, as an appellate court, has the power to allow amendments to be made to the record before it, although the general practice has been to remand the case to the Circuit Court for that purpose. When a cause is brought before...   Cases  
Kirk v. State 1 Morr.St.Cas. 480, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 Under the statutes and decisions in this state, it is a defect fatal to an indictment that no prosecutor is marked on it; for which, even after verdict, new trial refused below, sentence there, and writ of error to the high court of errors and appeals, the indictment will be quashed, and the prisoner remanded for a new indictment. Under the...   Cases  
Kirkpatrick v. Rogers 7 Ired.Eq. 44, Supreme Court of North Carolina (August 01, 1850) 1850 The Court is of opinion, that the undisposed of surplus is liable in the first instance for the debts and expenses It is the general rule, that, without any particular charge on it, and independent of any intention of a testator, the law throws the burden on property, as to which there is an istestacy, unless there be an exception of it, or a...   Cases  
Kock v. Slatter 5 La.Ann. 739, Supreme Court of Louisiana (December 01, 1850) 1850 Appeal from the Third District Court of New Orleans, Kennedy, J.   Cases  
Kyle v. Barnett 17 Ala. 306, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Chancery Court of Russell. Tried before the Hon. W. W. Mason.   Cases  
Lacoste v. Pipkin 13 Smedes & M. 589, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 In an action on the case for injuries to personal property, it must be proved that the plaintiff had a legal right or interest in the matter or thing affected by the injury, at the time of such injury. The absolute or general owner having the right of immediate possession, may in general support an action for an injury thereto, though at the time...   Cases  
Lalande v. Breaux 5 La.Ann. 505, Supreme Court of Louisiana (June 01, 1850) 1850 Appeal from the District Court of Iberville. Burke, J.   Cases  
Land v. Land 14 Smedes & M. 99, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 The law of the domicil of the husband, who contracts a marriage in a foreign jurisdiction, and returns with his wife to his home, will regulate the marital rights of the parties.   Cases  
Landes v. Brant 51 U.S. 348, Supreme Court of the United States (December 01, 1850) 1850 Where the Commissioners who acted under the act of Congress passed on the 3d of March, 1807, for the adjustment of land titles in Missouri, decided in favor of a claim, and issued a certificate accordingly, this decision settled two points; namely, first, that the claimant was the proper person to receive the certificate, and seond, that the title...   Cases  
Lang's Heirs v. Waring 17 Ala. 145, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Chancery Court of Mobile. Tried before the Hon. Anderson Crenshaw, Chancellor. The bill in this case, which was filed by the defendant in error, as surviving partner of the firm of Bartlett & Waring, alleges that said Bartlett died in 1844, leaving the complainant in possession of the copartnership property as surviving partner, its...   Cases  
Le Duff v. Porche 5 La.Ann. 148, Supreme Court of Louisiana (February 01, 1850) 1850 Appeal from the District Court of Point Coupeé, Farrar, J.   Cases  
Lea v. Guice 13 Smedes & M. 656, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 It is a well established rule of practice, that parties litigant are not restricted as to the order in which they may choose to present their evidence; in an action, therefore, against a person alleged to be a partner of the maker, and as such the joint maker of the note sued on, but whose name does not appear on the face of the note, and who has...   Cases  
Leaird v. Davis 17 Ala. 448, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Barbour. Tried before the Hon. Thos. A. Walker.   Cases  
Ledoux v. Rucker 5 La.Ann. 500, Supreme Court of Louisiana (May 01, 1850) 1850 Appeal from the District Court of West Feliciana, Penn, J.   Cases  
Lee v. Fellowes 10 B.Mon. 117, Court of Appeals of Kentucky (January 01, 1850) 1850 Fraudulent Mortgages. Usury. Sales in gross. ERROR TO THE BULLITT CIRCUIT. The case stated W. & C. Fellowes, Whitlock & Kaye, Longstreth & Bouldin, and Summers & Simmons, judgment creditors of Crist & Simmons, being unable to coerce their several demands by execution, each exhibited a bill in Chancery to set aside, as fraudulent, a mortgage made by...   Cases  
Lee v. McBride 6 Ired.Eq. 533, Supreme Court of North Carolina (June 01, 1850) 1850 The tenor of the deed, under which the plaintiff claims, is so different from the statement of it contained in the bill, that, perhaps, it might properly be held, that the plaintiff has failed to establish the right alleged by him. But, passing by that, the Court is of opinion, that the decree is erroneous, both in the extent of the relief decreed,...   Cases  
Lewis v. Brown 35 S.C.L. 293, Court of Appeals of Law of South Carolina (January 01, 1850) 1850 Where one bids off property at a sheriff's sale and does not pay the money, there is no sale, and the resale, if made consistently with the rules of law, should be regarded as a sale at his risk, and because he had not paid. If a sheriff, at his own sale, purchase indirectly through another, as his agent, such purchase is void, under the Act of...   Cases  
Lewis v. Cook 18 Ala. 334, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Chancery Court of Russell. Tried before the Hon. W. W. Mason.   Cases  
Lewis v. Price 3 Rich.Eq. 172, Court of Appeals of Equity of South Carolina (November 01, 1850) 1850 Construction given to a marriage settlement; husband held bound, by the terms thereof, to support out of the settled property, the wife's children by a previous marriage, in exoneration of their own property. An administration granted to husband and wife jointly, is the administration of the husband alone; the surety on the bond gives credit to him...   Cases  
Long v. Robinson 5 La.Ann. 627, Supreme Court of Louisiana (September 01, 1850) 1850 Appeal from the District Court of DeSoto, Olcott, J.   Cases  
Love v. Pass 14 Smedes & M. 158, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 The rule is now well established, that equity can give no relief after a judgment at law, if the party might have made his defence at law; unless he was prevented from making the defence by the fraud of the opposite party, or by some occurrence without fault or negligence on his own part, or unless the opposite party should fail in a case of...   Cases  
Lowry v. Erwin 5 La.Ann. 205, Supreme Court of Louisiana (March 01, 1850) 1850 Appeal from the District Court of Madison. Curry, J.   Cases  
Lynch v. Pressley 8 Ga. 327, Supreme Court of Georgia (May 01, 1850) 1850 [1.] The levy and claim of personal property does not necessarily preclude the re-levy of the fi. fa. pending the claim. [2.] Proof that the levy was dismissed by counsel for plaintiff in fi. fa. for want of evidence to condemn the property, at the trial, satisfactorily accounts for the levy, so as to authorize the execution to proceed. [3.] The...   Cases  
Magee v. Harrington 13 Smedes & M. 403, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 The case of Magee v. Gregg, 11 S. & M. 70, cited and confirmed. The verdict of a jury will not be disturbed because irrelevant testimony has been excluded, or irrelevant instructions given or refused, if it is apparent that the jury have not been misled, and thereby been induced to return a verdict contrary to the law or the evidence. In an action...   Cases  
Major v. Hill 13 Mo. 247, Supreme Court of Missouri (March 01, 1850) 1850 The appellant, on 8th of October, 1842, filed in the Monroe Circuit Court, his bill in chancery against the appellees, and charged in substance as follows: That on the 12th of March, 1841, he had recovered a judgment in the Monroe Circuit against William Haines for the sum of $695 61 with costs. That on the 8th of April, 1842, judgments were...   Cases  
Malone v. State 8 Ga. 408, Supreme Court of Georgia (May 01, 1850) 1850 [1.] The Act of 1805 changes the Act of 1799, only as to the mode of selecting Grand Jurors. Under both Acts, those remaining on the list, as made out from the tax books by the Clerk, constitute the Petit Jury, for the trial of civil and criminal causes, so that the Act of 1799 is, in fact, superseded, both as to Grand and Petit Jurors, by the Act...   Cases  
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