| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Johnson v. Thweatt |
18 Ala. 741, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Circuit Court of St. Clair. Tried before the Hon. Thos. A. Walker. |
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Cases |
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| Johnston v. Jones |
12 B.Mon. 326, Court of Appeals of Kentucky (October 10, 1851) |
1851 |
Femes Covert. Vendor and Vendee. Separate Property of Wife. APPEAL FROM THE CHRISTIAN CIRCUIT. The case stated. ON the 14th September, 1847, the appellee Jones, sold to Mrs. Jane M. Johnston, the wife of George W. Johnston, a tract of land in Christian county, with the growing crop thereon, and all his stock and farming implements, together with... |
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Cases |
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| Jones v. Dawson |
19 Ala. 672, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Chancery Court of Dallas. Tried before the Hon. W. W. Mason. |
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Cases |
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| Jones v. Dougherty |
10 Ga. 273, Supreme Court of Georgia (July 01, 1851) |
1851 |
[1.] The Judge of the Superior Courts in this State, is clothed with the same powers as to interlocutory orders and provisional proceedings in Equity, as are usually exercised by the Chancellor in England, until the cause is set down for trial on the merits. [2.] A temporary or ad interim receiver may not only be appointed before answer, but even... |
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Cases |
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| Jones v. Morgan's Heirs |
6 La.Ann. 630, Supreme Court of Louisiana (June 01, 1851) |
1851 |
Appeal from the District Court of St. Tammany, Stirling, J. |
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Cases |
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| Jones v. Myrick's Ex'rs |
8 Gratt. 179, Supreme Court of Appeals of Virginia (November 10, 1851) |
1851 |
(Absent Cabell, P.) 1. A forthcoming bond forfeited has the force of a judgment so as to create a lien upon the lands of the obligors, only from the time the bond is returned to the clerk's office. 2. There being no evidence that the bond was returned to the clerk's office before the day on which there was an award of execution thereon by the... |
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Cases |
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| Jones v. Stewart |
19 Ala. 701, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Circuit Court of Wilcox. Tried before the Hon. Geo. Goldthwaite. |
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Cases |
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| Jordan v. Gray |
19 Ala. 618, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. |
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Cases |
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| Judge v. Wilkins |
19 Ala. 765, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. |
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Cases |
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| Jure v. Balletin |
6 La.Ann. 394, Supreme Court of Louisiana (April 01, 1851) |
1851 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Kanada v. North |
14 Mo. 615, Supreme Court of Missouri (March 01, 1851) |
1851 |
North sued Kanada in assumpsit, for money lent and advanced and money had and received, and was met by pleas of the general issue, payment and offset. The record contains also a replication as to a plea of accord and satisfaction, but as we find no such plea, the case must needs be passed upon without reference to it. So, also, as to the point of... |
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Cases |
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| Keedy v. Newcomer |
1 Md. 241, Court of Appeals of Maryland (December 01, 1851) |
1851 |
We discover error in the ruling of the county court, in regard to the sixth and seventh exceptions, but in nothing else. After giving testimony to show that Barnes had property, both personal and real, sufficient to enable the sheriff to have satisfied out of it the fieri facias issued by the plaintiff, the latter proposed to give in evidence a... |
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Cases |
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| Kelly v. Linkenhoger |
8 Gratt. 104, Supreme Court of Appeals of Virginia (September 05, 1851) |
1851 |
(Absent Cabell, P.) 1. In a proceeding by foreign attachment, the home defendant denies that he has any effects of the absent debtor in his hands. He says that a tract of land which had belonged to the absent debtor, had been purchased by himself and paid for: And he in fact held the receipt of the absent debtor for the amount of the purchase... |
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Cases |
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| Kilcrease v. Shelby |
1 Cushm. 161, High Court of Errors and Appeals of Mississippi (January 01, 1851) |
1851 |
A voluntary distribution of the effects of a decedent, made by the distributees themselves, or by other persons chosen by them for that purpose, is valid and binding, if the parties be capable of binding themselves, by contract or by assent; aliter, however, where some of the distributees are minors, and incapable of assenting to the distribution... |
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Cases |
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| Kitchen v. Herring |
7 Ired.Eq. 190, Supreme Court of North Carolina (June 01, 1851) |
1851 |
In December 1846, the defendant, Herring, executed a contract in writing in these words, Rec'd. of John L. Kitchen payment in full for a certain tract of land lying on the South west side of Black River, adjoining the lands of William Haffland and Martial, for which I am to give him a good deed &c. The defendant Pridgen wrote the contract and is... |
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Cases |
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| Kittles v. Kittles |
4 Rich. 422, Court of Appeals of Law of South Carolina (January 01, 1851) |
1851 |
Declarations of the vendor, assignor, and so forth, of personal property, made after the execution of the conveyance, are not admissible either to support or to overthrow the conveyance. |
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Cases |
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| Lackland v. Dougherty |
15 Mo. 260, Supreme Court of Missouri (October 01, 1851) |
1851 |
The appellant (Lackland), on the 24th of May, 1851, filed in the St. Louis Circuit Court, a petition, stating, that on the 7th of November, 1848, he was duly elected and qualified as circuit attorney of the 8th judicial circuit of said State, and entered upon the discharge of the duties of said office, which duties he was still discharging. That by... |
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Cases |
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| Lafferty v. Whitesides' Lessee |
31 Tenn. 123, Supreme Court of Tennessee (September 01, 1851) |
1851 |
On the trial of this action of ejectment in the circuit court of Grainger county there was a verdict and judgment for the plaintiff below, to revise which the defendant has prosecuted an appeal to this court in the nature of a writ of error. In deraigning his title to the land in controversy the lessor of the plaintiff produced and read to the jury... |
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Cases |
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| Land v. Cowan |
19 Ala. 297, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Chancery Court of Cherokee. Tried before the Hon. D. G. Ligon. |
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Cases |
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| Landry v. Marchais |
6 La.Ann. 87, Supreme Court of Louisiana (February 01, 1851) |
1851 |
Appeal from the District Court of Assumption, Randall, J. |
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Cases |
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| Lang v. Hopkins |
10 Ga. 37, Supreme Court of Georgia (June 01, 1851) |
1851 |
[1.] It is competent for Courts to set aside verdicts for excessive damages. Where there are rules by which damages may be measured, as in actions on contracts or for torts done to property, the value of which may be ascertained by evidence, a new trial will be awarded, if the finding be contrary to the evidence. [2.] In suits for personal... |
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Cases |
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| Lanier v. Branch Bank at Montgomery |
18 Ala. 625, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. |
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Cases |
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| Le Blanc v. Dubroca |
6 La.Ann. 360, Supreme Court of Louisiana (April 01, 1851) |
1851 |
Appeal from the District Court of West Baton Rouge, Burk, J. |
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Cases |
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| Leake v. Linton |
6 La.Ann. 262, Supreme Court of Louisiana (March 01, 1851) |
1851 |
Appeal from the District Court of West Feliciana, Stirling, J. This was an action on the part of the wife against the husband for a divorce. The following extract from the decision of the district judge shows the nature of the case: The testimony adduced shows that the defendant is an habitual drunkard and that he has been guilty of wanton cruelty... |
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Cases |
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| Lehman v. Logan |
7 Ired.Eq. 296, Supreme Court of North Carolina (August 01, 1851) |
1851 |
We entirely concur with the Court below. The bill lays no foundation for the relief asked. It has been repeatedly decided, that the fears and apprehensions of a remainder man, that property in the hands of a tenant for life will be destroyed or carried out of the State, are no sufficient grounds, upon which to grant a sequestration or ne exeat; but... |
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Cases |
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| Leigh v. Meurice |
6 La.Ann. 476, Supreme Court of Louisiana (May 01, 1851) |
1851 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Levistones v. Landreaux |
6 La.Ann. 26, Supreme Court of Louisiana (January 01, 1851) |
1851 |
Appeal from the Fifth District Court of New Orleans. Buchanan, J. |
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Cases |
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| Lewis v. Caperton's Ex'r |
8 Gratt. 148, Supreme Court of Appeals of Virginia (September 22, 1851) |
1851 |
(Absent Cabell, P. and Moncure, J. ) 1. A deed executed bona fide to secure a loan of money, not to be enforced for ten years, is a valid deed as against creditors of the grantor. 2. A deed which conveys without a schedule, household furniture, the various kinds of stock on a farm, bacon and lard, to secure a bona fide debt, but not to be enforced... |
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Cases |
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| Lindsay v. State |
19 Ala. 560, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. |
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Cases |
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| Lines v. Smith |
4 Fla. 47, Supreme Court of Florida (January 01, 1851) |
1851 |
Promissory note and bills of exchange are presumed to be founded on a valid and valuable consideration--but this presumption, which the law raises for the protection of negotiable paper, may be rebutted by proof to the contrary. The statute requiring the promise to pay the debt of another to be in writing, in order to bind the party to be charged... |
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Cases |
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| Long v. Cason |
4 Rich.Eq. 60, Court of Appeals of Equity of South Carolina (November 01, 1851) |
1851 |
The defendant, being administrator of an estate in which plaintiff had an interest as distributee, was appointed by the Court of Ordinary guardian of the plaintiff: in defendant's returns as guardian, he charged himself with the amount in his hands as administrator, but omitted to charge himself with interest: for the balance appearing to be due on... |
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Cases |
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| Lord v. Horsey |
5 Harr. 317 (April 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... |
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Trial Court Orders |
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| Love v. Robertson |
7 Tex. 6, Supreme Court of Texas (January 01, 1851) |
1851 |
The presumption that property purchased during the marriage is community property is very cogent, and must be repelled by clear and conclusive proof; but where it is established that the property was purchased with the separate money of one of the parties, it remains, as in case of property received in payment of a debt due one of the parties,... |
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Cases |
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| Love v. Williams |
4 Fla. 126, Supreme Court of Florida (January 01, 1851) |
1851 |
The lien of an execution does not constitute, per se, a right of property in the thing itself, but a right to levy upon and sell it, for the satisfaction of the debt. But any sale or assignment of the defendant's personal property after the delivery of the writ of fieri facias to the sheriff is in effectual as to the lien of the writ. Where two... |
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Cases |
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| Mallard v. Carpenter |
6 La.Ann. 397, Supreme Court of Louisiana (April 01, 1851) |
1851 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Martin v. Clerk |
6 Tex. 26, Supreme Court of Texas (January 01, 1851) |
1851 |
Where a party fails to appeal or prosecute a writ of error to a final judgment in a cause, and afterwards, upon the rendition of some judgment or order of the court made for carrying the judgment into execution, appeals, he cannot assign for error any ruling, &c., that was not made subsequent to entry of the final judgment upon the merits. Appeal... |
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Cases |
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| Martin v. Martin |
12 B.Mon. 304, Court of Appeals of Kentucky (October 08, 1851) |
1851 |
Case stated, and decree of the Circuit Court. THIS bill was filed in February, 1846, by Robert Martin against John Martin, to recover a large amount of usury alleged to have been paid by the former to the latter, upon various debts specified in the bill. The answer admits that two small notes were, as alleged in the bill, executed wholly for... |
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Cases |
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| McAfee v. Crofford |
54 U.S. 447, 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. It was an action of trespass brought by Crofford, who described himself as a citizen of Tennessee, but who had a plantation in Arkansas. The suit was brought against the McAfees and Alford, for acts which are described... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| McChesney v. Bruce |
1 Md. 344, Court of Appeals of Maryland (December 01, 1851) |
1851 |
The question involved in this case, in our opinion has been settled by the Court of Appeals, in the case of Walters v. Walters, 3 H. & J. 201, which decision was afterwards recognized and sanctioned by Chief Justice Buchanan, in Beall v. Holmes, 6 H. & J. 228. Although in the former case, that part of the court's opinion which related to the clause... |
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Cases |
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| McCravey v. Remson |
19 Ala. 430, Supreme Court of Alabama (June 01, 1851) |
1851 |
ERROR to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. |
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Cases |
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| McDowell v. Couch |
6 La.Ann. 365, Supreme Court of Louisiana (April 01, 1851) |
1851 |
Appeal from the District Court of Madison, Richardson, J. |
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Cases |
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| McEntyre v. McEntyre |
12 Ired. 299, Supreme Court of North Carolina (August 01, 1851) |
1851 |
When property bargained for is delivered, an action for the price agreed upon cannot be defeated, except in cases, where, if the money had been paid, it might be recovered back in an action for money had and received.-- There must be a total failure of consideration. As, when the property is retained by mutual consont, or is never... |
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Cases |
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| McGee v. McGee |
10 Ga. 477, Supreme Court of Georgia (October 01, 1851) |
1851 |
[1.] The power to grant temporary alimony, is incidental to the jurisdiction of the Superior Courts of this State over divorces. [2.] Such a power does not belong in this State to a Court of Chancery. [3.] The Superior Courts may, upon being judicially informed of the fact of the marriage, in a suit for a divorce, on motion, make provision for the... |
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Cases |
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| McKee v. Amonett |
6 La.Ann. 207, Supreme Court of Louisiana (March 01, 1851) |
1851 |
Appeal from the District Court of Madison, Richardson, J. |
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Cases |
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| McLain v. Ferrell |
31 Tenn. 48, Supreme Court of Tennessee (September 01, 1851) |
1851 |
This bill was filed in the chancery court at Tazewell to set up and foreclose a mortgage. On the hearing the chancellor dismissed the bill on the plea of the statute of limitations, and the complainants have appealed to this court to reverse that decree. The facts presented by the record, and necessary to a proper understanding of the grounds of... |
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Cases |
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| McLean v. Jackson |
12 Ired. 149, Supreme Court of North Carolina (June 01, 1851) |
1851 |
There is error in the instruction upon the Statute of limitations. The action is in the name of husband and wife in her right, and would survive to her. There was no adverse possession until after the death of the tenant for life, and, consequently, it commenced during the coverture, which still exists. By the express words in the saving in the 4th... |
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Cases |
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| McLemore v. Benbow |
19 Ala. 76, Supreme Court of Alabama (January 01, 1851) |
1851 |
ERROR to the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. |
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Cases |
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| McLure v. Young |
3 Rich.Eq. 559, Court of Appeals of Equity of South Carolina (May 01, 1851) |
1851 |
Testator devised real property to his daughter C., for and during the term of her natural life; and at her death, I give, bequeath and devise the same, absolutely and forever, to her lineal descendants; and in case she should die without lineal descendants, (one or more,) living at the time of her death, then, over; Held, that C. took a life... |
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Cases |
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| McMullen v. Cathcart |
4 Rich.Eq. 117, Court of Appeals of Equity of South Carolina (November 01, 1851) |
1851 |
It would be replete with inconvenience to sanction a practice of hearing a cause piece-meal, or by detached parts. It is the duty of the plaintiff to be fully prepared at the hearing; and if from the death of a party and the want of time to bring new parties before the Court, the cause cannot be fully heard, leave will be given to postpone. A... |
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Cases |
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| McQueen v. Fletcher |
4 Rich.Eq. 152, Court of Appeals of Equity of South Carolina (November 01, 1851) |
1851 |
The existence of a judgment and other proceedings in partition, in the Common Pleas, established on parol evidence. Quere: Where, on proceedings in partition under the Act of 1791, land is allotted to one distributee, and he is required to pay another distributee a sum of money in lieu of his share of the land, does the judgment transfer the title,... |
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Cases |
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