TitleCitationYearSummaryMost RelevantTypeStatus
Harbinson v. Harrell 19 Ala. 753, Supreme Court of Alabama (June 01, 1851) 1851 ERROR to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne.   Cases  
Hardwick v. Thomas 10 Ga. 266, Supreme Court of Georgia (July 01, 1851) 1851 [1.] What is usually known as a creditor's bill will lie in Georgia. [2.] If there has been a fraudulent sale of the effects of the estate by collusion between the removed executor or administrator and the purchaser, the administrator can, at Common Law, proceed against the removed executor or administrator and the purchaser, and set aside such...   Cases  
Hardy v. Simpson 13 Ired. 132, Supreme Court of North Carolina (December 01, 1851) 1851 Both parties claim under William Skinner. The lessor deduces title, by a sale and deed of the Sheriff, in 1845, under a judgment against Skinner, in August, 1841, and executions regularly issuing thereon up to the sale. The defendant deduces title, by a deed of trust, executed by Skinner to one James Skinner, in April, 1841, and a deed from James...   Cases  
Harris v. Runnels 53 U.S. 79, Supreme Court of the United States (December 01, 1851) 1851 Where a defendant, when sued upon a note, set up, as a defense, that the note was given for an illegal consideration, the whole statute must be examined in order to discover whether or not the legislature intended to prevent courts of justice from enforcing contracts relating to the act prohibited. Where a statute prohibits an act or annexes a...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Harris v. Shackleford, Sampson & Co. 6 Tex. 133, Supreme Court of Texas (January 01, 1851) 1851 Where the defendant died between the issue of execution and the levy and the widow gave bond for the delivery of the property at next sale day: Held, That it was not such a bond as is contemplated by article 1330, Hartley's Digest, and that execution could not be issued upon the return thereof forfeited. (Note 20.) Quere...   Cases  
Harshaw v. Moore 12 Ired. 247, Supreme Court of North Carolina (August 01, 1851) 1851 The case turned upon the intent, with which Clarke executed the mortgage deeds. The defendant alleged, that his intent was to hinder, delay and defraud his creditors. His declarations, immediately before and in contemplation of the act, were clearly admissible to show his object in doing it. He was the owner of the property. His declarations were...   Cases  
Hastie & Nichol v. Baker 3 Rich.Eq. 208, Court of Appeals of Equity of South Carolina (January 01, 1851) 1851 A deed of marriage settlement provided, inter alia, that the trustees should permit the husband to receive the rents, income and profits' of the settled estate, (which was large) for the joint maintenance of himself and wife during their joint lives, but not subject to his debts: during the coverture, the husband contracted a...   Cases  
Hay v. Hay 3 Rich.Eq. 384, Court of Appeals of Equity of South Carolina (May 01, 1851) 1851 Testator devised and bequeathed his estate, real and personal, to his only child, S. B. and the heirs of her body; and if she should die without living issue of her body, then, and in that case, all my estate, both personal and real, to return to the nearest heirs of my body by my mother's lineage:Held, that, in...   Cases  
Hays v. Hays 5 Rich. 31, Court of Appeals of Law of South Carolina (November 01, 1851) 1851 Testator devised as follows: I lend unto my beloved daughter, M. H. a tract of land, and at her death I lend the premises unto her children, each to be equally benefitted thereby; and at their death I then give said premises to their issue, to be equally divided among them; but in case there be no such issue, then I give it to...   Cases  
Heath v. Bishop 4 Rich.Eq. 46, Court of Appeals of Equity of South Carolina (November 01, 1851) 1851 Though the mode of procedure for the relief of the creditor is different, equitable estates are as much subject to the payment of the debts of the cestui que trust, to the extent of his present vested interest in severalty, as legal estates are to the payment of the debts of the owner. There is no form or mode by which property, with the present...   Cases  
Henderson v. Rost 7 La.Ann. 692, Supreme Court of Louisiana (December 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Heres v. Powell 6 La.Ann. 586, Supreme Court of Louisiana (June 01, 1851) 1851 Appeal from the First District Court of New Orleans, Larue, J.   Cases  
Higgenbottom v. Peyton 3 Rich.Eq. 398, Court of Appeals of Equity of South Carolina (May 01, 1851) 1851 By marriage settlement, made in 1826, and not recorded until eight months after its execution, the wife's share in her father's estate was conveyed to a trustee for the use of the wife and the heirs of her body: proceedings were then pending in the Circuit Court of the United States in which the father's estate was interested: in 1832, his real...   Cases  
Hilborn v. Hester 8 Ired.Eq. 55, Supreme Court of North Carolina (December 01, 1851) 1851 It need not be considered, whether the particular provisions of the will take the case out of the general rule, that an assent to a legacy for life is also an assent to one in remainder: because upon other points the opinion of the Court is with the defendant. The circumstances render it probable, that at the division in 1820, there was an...   Cases  
Hinson v. Partee 30 Tenn. 587, Supreme Court of Tennessee (April 01, 1851) 1851 The bill and amended bill state, that the defendant, Webb, about the 29th of October, 1841, was indebted to the defendant, Partee, in the sum of $482, and at that time advanced him the sum of $18, making the entire indebtedness $500. To secure that sum the defendant, Webb, executed to the defendant, Partee, an absolute bill of sale, for the...   Cases  
Hinton v. Lewis 7 Ired.Eq. 184, Supreme Court of North Carolina (June 01, 1851) 1851 According to the English authorities, if a legacy be given to A. and B., they are joint tenants, and by the right of survivorship, if A. dies in the life time of the testator, B. takes the whole. But, if it be given to A. and B., to be equally divided between them, they are tenants in common, and there is no right of survivorship; so that if A....   Cases  
Hirschfelder v. State 19 Ala. 534, Supreme Court of Alabama (June 01, 1851) 1851 ERROR to the Circuit Court of Conecuh. Tried before the Hon. E. Pickens.   Cases  
Hogan v. Ross, for Use of Patterson 54 U.S. 173, Supreme Court of the United States (December 01, 1851) 1851 THIS case was brought up, by writ of error, from the District Court of the United States for the Northern District of Mississippi. The question was one of pleading and arose in this way: At June term, 1840, of the District Court of the United States for the Northern District of Mississippi, Aaron Ross, a citizen of Pennsylvania, recovered a...   Cases  
Hoitt v. Holcomb 3 Fost. 535, Superior Court of Judicature of New Hampshire (January 01, 1851) 1851 Fraud vitiates all contracts into which it enters, whether they are verbal, written, under seal, or of record; as well as the records and judgments of courts. The fraud must be in a point material to the contract, but it is immaterial whether it relates to the consideration, or the execution of the contract. The rule is the same, whether the...   Cases  
Holloman v. Copeland 10 Ga. 79, Supreme Court of Georgia (July 01, 1851) 1851 [1.] By the Act of December, 1834, it is declared, that In all cases where a person having made a will, shall marry, or have born a child or children, and no provision shall be made in said will for the wife, after married, or child or children after born, and shall depart this life without revoking said will, or altering it subsequent to said...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Holmes v. Hawes 8 Ired.Eq. 21, Supreme Court of North Carolina (December 01, 1851) 1851 Where two partners agree to dissolve their copartnership, and divide according to their separate mterests, &c., and the division is made, the property allotted to each becomes his separate property, and neither of them, upon his liability for the debts, or his payment of them, has any lien upon the property which he agreed the other might take, as...   Cases  
Holmes v. Pettis 6 La.Ann. 400, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the District Court of East Feliciana, Stirling, J.   Cases  
Hooks v. Lee 8 Ired.Eq. 157, Supreme Court of North Carolina (December 01, 1851) 1851 Marriage articles are not considered as settlements, and, as such, to be taken as fully and duly expressing the well considered and final family arrangements by persons about to enter the marriage state. Such contracts are considered, in a Court of Equity, as but notes of the heads of an agreement, in its nature executory, and the trusts created by...   Cases  
Hoover v. Miller 6 La.Ann. 204, Supreme Court of Louisiana (March 01, 1851) 1851 Appeal from the District Court of Concordia, Farrar, J.   Cases  
Hopkins v. Dowd 11 Ark. 627, Supreme Court of Arkansas (January 01, 1851) 1851 It has been repeatedly decided by this court that a motion for a new trial is, in effect, an abandonment of the exceptions taken to the opinion of the court in the progress of the trial unless they are set forth in the motion for a new trial as causes for granting it, and that this court, when called upon to review the decision of the circuit court...   Cases  
Hopkins v. Long 9 Ga. 261, Supreme Court of Georgia (January 01, 1851) 1851 [1.] The only question made by the record in this case is, whether the widow and child of the testator are entitled to a reasonable support and maintenance, for twelve months next ensuing after his death, out of his estate, under the provisions of the Act of 1838. The Court below ruled, that the Act applied to insolvent estates only, and not to...   Cases  
Hopper v. Steele 18 Ala. 828, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook.   Cases  
Hough v. Vickers 6 La.Ann. 724, Supreme Court of Louisiana (October 01, 1851) 1851 Appeal from the District Court of Bienville, Bullard, J.   Cases  
Hubgh v. New Orleans & C.R. Co. 6 La.Ann. 495, Supreme Court of Louisiana (May 01, 1851) 1851 Appeal from the Fifth District Court of New Orleans, Buchanan, J. This cause was tried by a jury, who gave a verdict for the plaintiff for five thousand dollars. The defendants appealed.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Hudson v. Pierce 8 Ired.Eq. 126, Supreme Court of North Carolina (December 01, 1851) 1851 Thomas Hudson died about the year 1825, having previously made and published a last will and testament; which was duly proved and recorded: and Martha, his widow was duly qualified as the executrix thereof, and took into her possession the personal property of the testator. By the will, the testator devises as follows: I lend to my said wife...   Cases  
Hughes v. Hughes 12 B.Mon. 115, Court of Appeals of Kentucky (July 01, 1851) 1851 Wills. Devises. Legacies. ERROR TO THE LOUISVILLE CHANCERY COURT. Case stated, and the will to be con??strued?? THIS is a contest about the correct construction and legal effect of the following clauses in the will of John Hughes, deceased: I bequeath to Charles S. Hughes, Mary E. Hughes, and Sarah F. Hughes, children of Richard F. Hughes,...   Cases  
Hughes v. Mitchell 19 Ala. 268, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Orphans' Court of Lowndes.   Cases  
Hullum v. State Bank 18 Ala. 805, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the County Court of Tuskaloosa.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Huntington v. Ricard 6 La.Ann. 806, Supreme Court of Louisiana (December 01, 1851) 1851 Appeal from the Third District Court of New Orleans, Kennedy, J.   Cases  
Hurt v. State 19 Ala. 19, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Perry. Tried before the Hon. Geo. D. Shortridge.   Cases  
Hyams v. Smith 6 La.Ann. 362, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Hyman v. Williams 12 Ired. 92, Supreme Court of North Carolina (June 01, 1851) 1851 The Court holds, that the widow took for her life only. All the gifts to her are in one item or clause, and there is no word of gift in it, but loan in the beginning. That, to be sure, is improperly used as a verb; but it is the vulgar use of it among the illiterate instead of lend, and the sense is very plain here. It applies to all the...   Cases  
In re Burr 5 Harr. 351 (October 01, 1851) 1851 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...   Trial Court Orders  
In re Charge to Grand Jury 2 Blatchf. 559, Circuit Court, ND New York (October 01, 1851) 1851 At the commencement of the term, NELSON, Circuit Justice, in charging the grand jury, after instructing them upon the law applicable to the several cases that were to come before them, proceeded as follows: The district attorney has called my attention to a crime recently committed in one of the most populous towns in the western part of this...   Cases  
In re Charge to Grand Jury 1 Blatchf. 635, Circuit Court, SD New York (April 01, 1851) 1851 At the commencement of the term, NELSON, Circuit Justice, in charging the grand jury, after instructing them upon the law applicable to the several cases that were to come before them, proceeded as follows: Besides these instructions in respect to the cases on the calendar of the district attorney furnished to the court, I desire to call your...   Cases  
In re Long 9 N.Y.Leg.Obs. 73, District Court, SD New York (January 08, 1851) 1851 In the matter of Henry Long, claimed as a fugitive from service.   Cases  
In re Sims 61 Mass. 285, Supreme Judicial Court of Massachusetts (March 01, 1851) 1851 When it appears, from a petition for a writ of habeas corpus, that the petitioner, if brought before the court, would not be entitled to a discharge, the writ will not be issued. How far it is competent for one court, by a writ of habeas corpus to the executive officer of another court, to take a prisoner from the custody of the latter, quære....   Cases  
Ingram v. Hurt 10 Ga. 568, Supreme Court of Georgia (November 01, 1851) 1851 [1.] When an affidavit of illegality was filed according to the provisions of our Statute, against the levy of an execution, issued upon a judgment obtained against an intestate in his life time, upon his goods and chattels in the hands of his administratrix, before the expiration of twelve months from the date of her letters of administration:...   Cases  
Jackson v. Waters 10 Ga. 546, Supreme Court of Georgia (October 01, 1851) 1851 [1.] Is there any equity in this bill? It seems to be drawn in literal conformity to the Act of 1830, for the protection of the rights of remainder-men and reversioners, in personal property. That Act provides, that It shall and may be lawful for any Judge of the Superior Court of this State, on application to him by bill, at the instance of any...   Cases  
James v. Fulcrod 5 Tex. 512, Supreme Court of Texas (January 01, 1851) 1851 The giving or refusal of instructions cannot be made a ground for the reversal of a judgment unless it appear that they were either given or refused. There was no copy of a demurrer in the transcript of the record, but an entry that the defendant excepted to the overruling of the demurrer. The alleged error in overruling the demurrer was examined....   Cases  
James v. Hall 31 Tenn. 297, Supreme Court of Tennessee (December 01, 1851) 1851 The general question discussed at the bar, and intended to be raised by the demurrer to the defendant's plea in abatement in this case, is: If a resident citizen of this state against whom a suit has been commenced should remove and become a resident of another state in the interval between the issuance of the original process and the term of the...   Cases  
James v. Patterson's Lessee 31 Tenn. 309, Supreme Court of Tennessee (December 01, 1851) 1851 This was an action of ejectment. It appeared that James, the defendant in the action, entered into possession of the premises described in the declaration under a verbal contract of purchase from Patterson, the lessor of the plaintiff, which was never reduced to writing. And from the time of such entry continued, for a period of more than seven...   Cases  
Jeter v. Deslondes 6 La.Ann. 379, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Johnson v. Clarkson 3 Rich.Eq. 305, Court of Appeals of Equity of South Carolina (January 01, 1851) 1851 Testator, who died in 1849, left of force his will, bearing date 2d October, 1840, in these words, to wit:After all my debts are paid, I will and bequeath to my brother, W. C. all of my property, on certain conditions made with him. Should he decline taking it, I will and bequeath it to the Rev. W. B. on the same conditions. I appoint...   Cases  
Johnson v. Culbreath 19 Ala. 348, Supreme Court of Alabama (June 01, 1851) 1851 ERROR to the Chancery Court of Benton. Tried before the Hon. D. G. Ligon.   Cases  
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