TitleCitationYearSummaryMost RelevantTypeStatus
Walker v. Gilbert 13 Smedes & M. 693, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 Before a joint maker of a note, against whom a judgment is rendered in conjunction with his co-maker, can, under the act of 1822, (Hutch. Code, 558,) prevent a levy of the execution upon his property, on the ground that he is a mere surety of his co-maker, and that his principal has property in the county, he must make oath that he is only surety;...   Cases  
Walker v. Lauderdale 17 Ala. 359, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Fayette. Tried before the Hon. Geo. Goldthwaite.   Cases  
Walker v. Shotwell 13 Smedes & M. 544, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 It is not a fatal objection to a forthcoming bond, that it recites that the execution, under which the levy was made and the bond taken, was against S. and W., when, in fact, it was against S. alone; S. and his sureties for the forthcoming of the property being the only parties to the bond. Nor, in such case, will it make any difference that the...   Cases  
Walker v. Walker 17 Ala. 396, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Orphans' Court of Tuscaloosa. Tried before the Hon. Arthur Foster, Judge. ON the final settlement of the estate of Robert Walker, deceased, by Moses P. Walker, his executor, the plaintiffs in error, who are still minors, claiming under the tenth and thirteenth clauses of the will, moved the Orphans' Court for a decree that the legacies...   Cases  
Watson v. Fletcher 7 Gratt. 1, Supreme Court of Appeals of Virginia (May 04, 1850) 1850 1. A Court of equity will not lend its aid for the settlement and adjustment of the transactions of a partnership for gambling. Nor will it give relief to either partner against the other, founded on transactions arising out of such partnership, whether for profits, losses, expenses, contribution or reimbursement. 2. Though the pleadings do not...   Cases  
Watt v. Conger 13 Smedes & M. 412, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 C. filed his bill against W. to obtain relief against certain alleged frauds of W., and to compel an account from him. He charged that W. had been for a long time his commission merchant in New Orleans; had obtained a judgment at law against him in this state, under execution on which W. induced C. to assent to a sale, after the judgment had been...   Cases  
Waul v. Kirkman 13 Smedes & M. 599, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 Where a new trial has been refused in the court below, and the question arises in the high court, as to whether the verdict is sustained by the evidence, that question will be, not, is the verdict clearly right, but is it manifestly wrong? If not the latter, it will not be disturbed. The husband is liable for the debts contracted by the wife before...   Cases  
West v. Smith 49 U.S. 402, Supreme Court of the United States (January 01, 1850) 1850 THIS was an appeal from the Circuit Court of the United States for the District of Columbia and County of Alexandria, sitting as a court of equity. It was a bill filed in the Circuit Court by Ellen Smith, then Ellen Mandeville, one of the legatees of Joseph Mandeville, deceased, whose will was before this court for construction at January term,...   Cases  
Wheeler v. Slavens 13 Smedes & M. 623, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 If an attachment at law be regularly sued out against an absconding debtor or one removing his property, and the bond and affidavit before their return to the circuit court, while in the custody of the magistrate who issued the attachment, be accidentally destroyed by fire, the attachment will not, on proof of these facts, be quashed for want of...   Cases  
White v. Slatter 5 La.Ann. 29, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by plaintiff from the Third District Court of New Orleans. Kennedy, J.   Cases  
White v. Trotter 14 Smedes & M. 30, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 In a bill filed in this state, to set aside a sale made in Louisiana, under process upon confession of judgment and judicial mortgage, on the grounds of fraudulent combination between the purchaser, who was the son of the defendant in the judgment, the defendant and the judgment creditor to procure the sale of the whole property, and thus to cut...   Cases  
Whiting v. Hagerty 5 La.Ann. 686, Supreme Court of Louisiana (October 01, 1850) 1850 Appeal from the District Court of Morehouse, Copley, J.   Cases  
Wilkinson v. Moseley 18 Ala. 288, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Montgomery. Tried before the Hon. Thomas A. Walker.   Cases  
Wilkinson v. Williams 2 Hay. & Haz. 1, Circuit Court, District of Columbia (January 10, 1850) 1850 The exceptions were signed and sealed by Judges MORSELL and DUNLOP, under date of November 6, 1849. Verdict for the plaintiff for $530, with interest from September 25, 1840. Motion for a new trial on the following grounds: 1st. Because the verdict is against the law and the evidence. 2nd. Because the court erred in instructing and in refusing to...   Cases  
Williamson v. Crawford 7 Gratt. 202, Supreme Court of Appeals of Virginia (December 09, 1850) 1850 (Absent Cabell, P. and Brooke, J.) 1. The act, 1 Rev. Code, ch. 128, § 65, p. 595, in relation to a scire facias to revive a judgment, is not repealed by the act of 29th March, Supp. Rev. Code, ch. 197, § 2, on the same subject. 2. Upon a scire facias to revive a judgment, neither a declaration or a rule to plead is necessary. And if the...   Cases  
Williamson v. Howell 17 Ala. 830, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg.   Cases  
Williman v. Holmes 4 Rich.Eq. 475, Court of Appeals of Equity of South Carolina (February 01, 1850) 1850 There are three circumstances necessary to the execution of a use by the statute of uses: (1) A person seized to the use of some other person; (2) A cestui que use, in esse; and (3) A use in esse in possession, remainder, or reversion. And where the use is transformed from an equitable to a legal estate, the same qualities, conditions, and...   Cases  
Willis v. Caldwell 10 B.Mon. 199, Court of Appeals of Kentucky (January 19, 1850) 1850 Mortgages. Sureties. ERROR TO THE ADAIR CIRCUIT. THE third section of the act of 1838, (3 Stat. Law, 559,) declares that after first July, 1838, sureties on all written obligations other than those provided for in the first and second sections of that act, shall be discharged from all liability on such obligations when seven years shall have...   Cases  
Wilson v. Knight 18 Ala. 129, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Orphans' Court of Henry.   Cases  
Withers v. Greene 50 U.S. 213, Supreme Court of the United States (January 01, 1850) 1850 THIS cause was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Alabama. It was an action of debt brought in the District Court of the United States for the Middle District of Alabama, by May, assignee, on a single bill, under seal, for the payment of three thousand dollars, executed by R. W....   Cases  
Wolfe v. Parham 18 Ala. 441, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Mobile. Tried before the Hon. John Bragg.   Cases  
Womack v. Smith 30 Tenn. 478, Supreme Court of Tennessee (December 01, 1850) 1850 By the will of William Lindsey, certain legacies were given in trust for the use of his son, Thomas Lindsey and his wife, and the survivor of them, during the life of the survivor, and at the death of said tenants for life, the said legacies are given to their lawful children, or, in case of their death, or the death of any of them, to their...   Cases  
Wood's Adm'r v. Nelson's Ex'r 10 B.Mon. 229, Court of Appeals of Kentucky (June 07, 1850) 1850 The case stated THIS case comes up now upon a decree adjusting the accounts between the estate of James Woods, deceased, of which John Woods is administrator, and J. Nelson, who acted as executor under the supposed will of James Woods, which has been annulled, and who is now represented by Chambers, his executor; and also settling the accounts...   Cases  
Woods v. Bailey 3 Fla. 41, Supreme Court of Florida (January 01, 1850) 1850 On the 15th day of November, 1844, John Bellamy, the intestate of complainant, filed his bill of complaint in the then Superior Court for Jefferson County, alleging the indebtedness to him of the defendant, Ransom J. Roberts, for large sums of money, on four several notes, as in his said bill is mentioned, amounting together to about $9,717 54. One...   Cases  
Woodward v. Williams 30 Tenn. 323, Supreme Court of Tennessee (December 01, 1850) 1850 This is a case somewhat novel in its character. It has all the forms of a regular suit in equity. The object of the bill is, to recover from the clerk and master of the chancery court at Springfield, a sum of money received and retained by him under an improvident order of the chancellor, in a former cause between the same parties, as an allowance...   Cases  
Wormack v. Rogers 9 Ga. 60, Supreme Court of Georgia (August 01, 1850) 1850 Does the bill of the complainants make such a case as will entitle them to relief in a Court of Equity? [1.] The conveyance sought to be set aside, was made by Henry A. Rogers to Wormack of a vested interest in the estate of his deceased father. What the amount of that estate would be, after the payment of the debts or the time of its enjoyment in...   Cases  
Worthy v. Johnson 8 Ga. 236, Supreme Court of Georgia (February 01, 1850) 1850 [1.] To sustain a bill against the charge of multifariousness, it is not indispensable that all the parties should have an interest in all the matters contained in the suit. It is sufficient, if each party has an interest in some matter in the suit, which is common to all, and they are connected with others. [2.] Creditors and heirs, as a general...   Cases  
Wright v. Lewis 18 Ala. 194, Supreme Court of Alabama (June 01, 1850) 1850 ERROR to the Circuit Court of Butler. Tried before the Hon. John J. Woodward.   Cases  
Yates v. Phipps 5 La.Ann. 124, Supreme Court of Louisiana (February 01, 1850) 1850 Appeal by defendant from the District Court of Assumption. Randall, J.   Cases  
Yeates v. Pryor 11 Ark. 58, Supreme Court of Arkansas (January 01, 1850) 1850 It is not every misrepresentation of the vendor in regard to the property sold, that will amount to fraud, be it ever so exceptionable in point of morals. The misrepresentation, to affect the validity of the contract, must relate to some matter of inducemen to the making of it, in which, from the relative position of the parties and their means of...   Cases  
Young v. Booe 11 Ired. 347, Supreme Court of North Carolina (August 01, 1850) 1850 When a deed of trust for the payment of debts conveys a cotton factory &c., and in the deed are provisions, that the maker of the deed shall retain possession for eleven months and during that time his family may be supported out of the proceeds of the factory, Held, that these provisions did not make the deed fraudulent in law, upon its face, but,...   Cases  
Adams v. McKenzie 18 Ala. 698, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne.   Cases  
Allen v. Bryant 7 Ired.Eq. 276, Supreme Court of North Carolina (August 01, 1851) 1851 The plaintiff, Mrs. Allen, was the widow of Ambrose Mills, who died in 1848, leaving a will, by which he bequeaths as follows: Thirdly: I give to my beloved wife the right and privilege of residing in my mansion house, together with the use of a sufficient quantity of adjoining land to support her well and comfortably during her life, (and if she...   Cases  
Allen v. Everett 12 B.Mon. 371, Court of Appeals of Kentucky (December 08, 1851) 1851 The case stated?? A PAPER purporting to be the last will and testament of Alice Duff, dated the 5th of June, 1837, was, upon the evidence of the two subscribing witnesses thereto, Chilton and Wesley Duff, admitted to record by the Barren County Court, at its October term, 1843. After making some provision for the education of a youth who lived with...   Cases  
Allen v. Morgan's Adm'r 8 Gratt. 60, Supreme Court of Appeals of Virginia (August 27, 1851) 1851 The Court is of opinion, that the only questions raised by the issue between the complainants and defendants in the Court below, were the devastavit charged to have been committed by the administrator of Robert Tinsley, and the joint liability of his sureties in his official bond therefor; and that upon the case, as made out by the pleadings and...   Cases  
Allen v. State 10 Ga. 85, Supreme Court of Georgia (July 01, 1851) 1851 Did the Judge err, in overruling the application for a continuance in this case? In determining this question, it may be urged on the one side, that if persons are permitted to postpone their trials on slight grounds, that but few criminals will be brought to justice. To say nothing of other casualties and chances, the jails in many of the Counties...   Cases  
Arnold v. Arnold 13 Ired. 174, Supreme Court of North Carolina (December 01, 1851) 1851 The principle of the instruction is, that an executor gets no property in his testator's goods, and cannot take them, nor sue for them, before getting letters testamentary. But the Court understands the law to be settled to the contrary. Although, in a case of intestacy, a person, though entitled to the administration, cannot intermeddle in the...   Cases  
Arrington v. Burton 19 Ala. 114, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Greene. Tried before the Hon. Jno. D. Phelan.   Cases  
Arrington v. Cherry 10 Ga. 429, Supreme Court of Georgia (August 01, 1851) 1851 [1.] A Judge at Chambers has no power, upon petition, to order a sale of trust property. [2.] Chancery jurisdiction is conferred in this State upon the Superior Courts and not upon the Judges thereof. [3.] It is competent for the trustee to sell the trust property, by and with the consent and approbation of the cestui que trust, provided there be...   Cases  
Aubert v. Aubert 6 La.Ann. 104, Supreme Court of Louisiana (February 01, 1851) 1851 Appeal from the District Court of Lafourche, Randall, J.   Cases  
Babin v. Nolan 6 La.Ann. 295, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the District Court of Point Coupée. Farrar, J.   Cases  
Bach v. Abbott 6 La.Ann. 809, Supreme Court of Louisiana (December 01, 1851) 1851 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Bacon v. Leeds 6 La.Ann. 804, Supreme Court of Louisiana (December 01, 1851) 1851 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Badillo v. Tio 6 La.Ann. 129, Supreme Court of Louisiana (February 01, 1851) 1851 Appeal from the Third District Court of New Orleans, Kennedy, J.   Cases  
Bailey v. Carter 7 Ired.Eq. 282, Supreme Court of North Carolina (August 01, 1851) 1851 The time fixed in a statute, as a bar to the redemption, in the case of an express mortgage, specifying a day of forfeiture, must also be applied to a right of redemption, arising by construction of a Court of Equity, and the time must be computed from the accruing of the right to sue. A Court of Equity can no more disregard a statute of limitation...   Cases  
Bailey v. Rawley 31 Tenn. 295, Supreme Court of Tennessee (December 01, 1851) 1851 The question in this case is whether the proof of the assignment of the obligation on which the suit is founded was sufficient to entitle the plaintiff below to sue and recover thereon in the character of assignee. The instrument is under seal, and the assignment was made by an agent. The agent, who was examined as a witness, stated that for a long...   Cases  
Baird v. Baird 7 Ired.Eq. 265, Supreme Court of North Carolina (August 01, 1851) 1851 The governing rule in the construction of wills is the intent of the testator. We must endeavor to get into his mind, and, from what he has written in his will, ascertain, as well as we can, what were his purpose and wishes in the matter. If not inconsistent with law, and it be sufficiently certain, that purpose must be carried out. No one can be...   Cases  
Bank of England v. Tarleton 1 Cushm. 173, High Court of Errors and Appeals of Mississippi (November 01, 1851) 1851 It is settled that all debts secured by a mortgage, and due at the date of the decree of foreclosure, should be paid pro ratû, in case of the insufficiency of the mortgage fund to pay the whole of them, unless a preference be given to some of them by the terms of the mortgage deed, or unless the mortgagee, in assigning any of them, designed to...   Cases  
Bank of Mobile v. Harris 6 La.Ann. 811, Supreme Court of Louisiana (December 01, 1851) 1851 Appeal from the Third District Court of New Orleans, Kennedy, J.   Cases  
Barataria & L. Canal Co. v. Soniat 6 La.Ann. 65, Supreme Court of Louisiana (January 01, 1851) 1851 Appeal from the District Court of Jefferson, Clarke, J.   Cases  
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