TitleCitationYearSummaryMost RelevantTypeStatus
McReynolds' Ex'r v. Gentry 14 Mo. 495, Supreme Court of Missouri (March 01, 1851) 1851 In the year 1845, William Henry died intestate, leaving a widow, Mary Henry, and one child only, Adaline Gentry, who had previously intermarried with Joshua Gentry. The deceased left a large personal estate. Joshua Gentry administered thereon. Mrs. Henry, the widow elected to take absolutely?? a share of the personalty equal to the share of a...   Cases  
Minor's Heirs v. Thomas 12 B.Mon. 106, Court of Appeals of Kentucky (June 30, 1851) 1851 Wills. Incapacity of Testator, etc. APPEAL FROM THE SCOTT CIRCUIT. The case stated. A PAPER dated the 9th of April, 1839, was, on the 15th of March, 1841, produced and offered in the Scott County Court for record, as the last will and testament of Jeremiah Minor, deceased, which, after the examination of witnesses, was rejected by that Court. This...   Cases  
Mitchell v. Otey 1 Cushm. 236, High Court of Errors and Appeals of Mississippi (November 01, 1851) 1851 The provisions of the 5th section of the Married woman's law of 1846, (Hutch. Code, 498,) do not oust the original jurisdiction of courts of equity in cases affecting the separate estates of married women. A creditor, therefore, of a married woman, may assert his demand against the husband and wife at law or in equity, at his...   Cases  
Mobley v. Mobley 9 Ga. 247, Supreme Court of Georgia (January 01, 1851) 1851 [1.] The decisions of the Court below, assigned for error, I suppose, may have grown out of a misapprehension of the judgment of this Court, in Carter vs. Anderson, 4 Geo. R. 516. That was a bill filed by distributees to recover their interest in an estate, the administrator upon which had been discharged by the Court of Ordinary. In that case, we...   Cases  
Moody v. Davis 10 Ga. 403, Supreme Court of Georgia (August 01, 1851) 1851 [1.] The showing for a continuance was not sufficient; it was a question of diligence, and the rule of Court for the execution and return of commissions had nothing to do with it; the plaintiff in error had not used proper diligence to get the testimony of the witness, Fluker. One year preceding the term at which this continuance was applied for, a...   Cases  
Mooney v. Parker 18 Ala. 708, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Bibb. Tried before the Hon. John D. Phelan.   Cases  
Moore v. Ivey 8 Ired.Eq. 192, Supreme Court of North Carolina (December 01, 1851) 1851 What facts are sufficient to show, that a deed, absolute on its face, was intended as a mere security for money. Where a bill is filed for the purpose of having a deed, absolute on its face, declared merely a security, and the answer denies directly an agreement for redemption, and avers positively a purchase, such a deed and answer constitute a...   Cases  
Moore v. Smith 19 Ala. 774, Supreme Court of Alabama (June 01, 1851) 1851 ERROR to the County Court of Perry.   Cases  
Moore v. State 18 Ala. 532, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Limestone. Tried before the Hon. Thos. A. Walker.   Cases  
Morgan v. Morgan 10 Ga. 297, Supreme Court of Georgia (August 01, 1851) 1851 [1.] Twenty years' possession of the mortgaged property by the mortgagee, under the mortgage, will, prima facie, bar the mortgagor's right to redeem, and this is true whether the mortgage is upon real estate or personal property. [2.] But no length of time will bar the mortgagor's right to redeem, so long as the mortgagee recognizes the conveyance...   Cases  
Morris v. Peregoy 7 Gratt. 373, Supreme Court of Appeals of Virginia (May 05, 1851) 1851 The judgment is affirmed.   Cases  
Morris v. Williams 6 La.Ann. 391, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the District Court of East Baton Rouge, Burk, J.   Cases  
Morse v. Ellerbe 4 Rich. 600, Court of Appeals of Law of South Carolina (May 01, 1851) 1851 Where there was an agreement in writing for work and labor, &c., to be done by plaintiff for defendant, to be paid for in instalments after the work was finished, and before the work was begun, by verbal agreement a further sum was added to the price, to be paid one year after the last instalment, alterations in the work, made during its progress,...   Cases  
Moss v. Ashbrooks 12 Ark. 369, Supreme Court of Arkansas (July 01, 1851) 1851 To this bill the defendants interposed their plea in which they alleged that the complainant had previously exhibited his bill in the same court against them for the same matters and causes and to the same effect, and for the like relief as that which is now demanded and set forth, that to the former bill they interposed their demurrer, which was...   Cases  
Mourain v. Poydras 6 La.Ann. 151, Supreme Court of Louisiana (February 01, 1851) 1851 Appeal from the District Court of Pointe CoupĂ©e, Farrar, J.   Cases  
Moye v. May 8 Ired.Eq. 131, Supreme Court of North Carolina (December 01, 1851) 1851 The Hon. Jesse Speight and the plaintiff, Louisa, both native citizens, intermarried in this State, in 1827; and continued to reside here until 1837, when they removed to the State of Mississippi. Speight died intestate in 1847, since which time the plaintiff, Louisa, has continued to reside in that State, and afterwards intermarried with the other...   Cases  
Mullins v. Lyles 31 Tenn. 337, Supreme Court of Tennessee (December 01, 1851) 1851 The case is an issue of devisavit vel non, in the circuit court of Jackson, upon a writing purporting to be the will of Susanah Murray, deceased. At the execution of the will the testatrix was a feme covert, she being then married to one Thomas Murray, who survived her. Before this marriage--that is, on the 29th December, 1845--the parties thereto...   Cases  
Municipality No. 3 v. Hart 6 La.Ann. 570, Supreme Court of Louisiana (June 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Municipality No. 3 v. Johnson 6 La.Ann. 20, Supreme Court of Louisiana (January 01, 1851) 1851 Appeal from the Fifth District Court of New Orleans. Buchanan, J.   Cases  
Municipality No. Three v. Michoud 6 La.Ann. 605, Supreme Court of Louisiana (June 01, 1851) 1851 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Murphy v. Mutual Ben. Life & Fire Ins. Co. 6 La.Ann. 518, Supreme Court of Louisiana (May 01, 1851) 1851 Appeal from the First District Court of New Orleans, Larue, J.   Cases  
Murray v. State 18 Ala. 727, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Montgomery. Tried before the Hon. Rob't Dougherty.   Cases  
Nachtrib v. Prague 6 La.Ann. 759, Supreme Court of Louisiana (November 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Nash v. George 6 Tex. 234, Supreme Court of Texas (January 01, 1851) 1851 The husband is not liable for the debts of the wife contracted before marriage. Whether the community is liable for such debts, quere. The husband must be joined pro forma in a suit against the wife for the recovery of a debt contracted before marriage, and the judgment goes jointly against both, with an order that execution be levied and made...   Cases  
Nelson v. Iverson 19 Ala. 95, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Macon. Tried before the Hon. E. Pickens.   Cases  
New Orleans Canal & Banking Co. v. Stafford 53 U.S. 343, Supreme Court of the United States (December 01, 1851) 1851 THIS was an appeal from the District Court of the United States for the District of Texas. Although the complainants were not the same as in the preceding case of the Union Bank of Louisiana v. Stafford and Wife, yet the respondents were the same and the subject-matter was a breach of the same transaction. The only difference is stated fully in the...   Cases  
New Orleans Gaslight Co. v. Bennett 6 La.Ann. 456, Supreme Court of Louisiana (May 01, 1851) 1851 Appeal from the District Court of East Feliciana, Stirling, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Nichols v. Botts 6 La.Ann. 437, Supreme Court of Louisiana (May 01, 1851) 1851 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Nichols v. Grice 6 La.Ann. 446, Supreme Court of Louisiana (May 01, 1851) 1851 Appeal from the District Court of Concordia, Farrar, J.   Cases  
Nimmo v. Davis 7 Tex. 26, Supreme Court of Texas (January 01, 1851) 1851 Where it is proved or admitted that the common law was in force in another State where the rights in controversy accrued, the court will take notice of the principles of the common law, including equity, applicable to the case. At common law a bequest of personal property to trustees for a married woman, the profits to be applied to her benefit,...   Cases  
Norris v. Crocker 54 U.S. 429, Supreme Court of the United States (December 01, 1851) 1851 THIS case came up from the Circuit Court of the United States for the District of Indiana, upon a certificate of division in opinion between the judges thereof. The following certificate explains the question: UNITED STATES OF AMERICA, District of Indiana. At a Circuit Court of the United States, begun and holden at Indianapolis, for the District...   Cases  
Norton v. Linton 18 Ala. 690, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Pickens. Tried before the Hon. Sam'l Chapman.   Cases  
Nuckols' Adm'r v. Jones 8 Gratt. 267, Supreme Court of Appeals of Virginia (December 06, 1851) 1851 (Absent Cabell, P.) 1. In a case of probat the deposition of an aged witness, taken de bene esse, allowed to be read, upon proof, either by witnesses or his own affidavit, of his inability to attend the Court. 2. In a case of probat, a witness unable to attend the Court, is examined as to the hand writing of a testamentary paper which had been...   Cases  
Oldham v. Trimble 15 Mo. 225, Supreme Court of Missouri (October 01, 1851) 1851 This was a bill in chancery filed in February, 1848, by John A. Trimble and Elizabeth his wife, against the appellants. The bill substantially charges, that the said Elizabeth, whose maiden name was Reid, in the year 1839 or 1840, was a minor, residing with her friends in Kentucky; that she possessed about $200 which was in the hands of her...   Cases  
Orndorff v. Hummer 12 B.Mon. 619, Court of Appeals of Kentucky (January 22, 1851) 1851 Wills. Attestation thereof. APPEAL FROM THE LOGAN CIRCUIT. Case stated?? THE County Court of Logan, having rejected a paper offered for probate as the will of John Orndorff, the case was taken to the Logan Circuit Court, by writ of error, and the judge of that Court, having upon the evidence adduced by the parties, decided that paper was the valid...   Cases  
Overton v. McFarland 15 Mo. 312, Supreme Court of Missouri (October 01, 1851) 1851 The plaintiff in error filed a petition in the Circuit Court of New Madrid, alleging that her intestate, Benjamin P. Overton, in his life-time, recovered a judgment in the Circuit Court of New Madrid against Elias G. McFarland, the intestate of the defendant in error, that the defendant, James A. McFarland, administered upon the estate of Elias and...   Cases  
Page v. Goodman 8 Ired.Eq. 16, Supreme Court of North Carolina (December 01, 1851) 1851 The Act of 1812, Rev. Stat. ch. 45, sec. 4, authorising the sale of trust estates by execution, only relates to trusts, which would be enforced between the cestui que trust and trustee--an honest trust--and not one infected with fraud, in respect to which the Court would not act at the instance of either party. The cases of Dobson v Erwin, 1 Dev....   Cases  
Palmer v. Benson 19 Ala. 594, Supreme Court of Alabama (June 01, 1851) 1851 ERROR to the Court of Probate of Wilcox County.   Cases  
Parish v. Murphree 54 U.S. 92, Supreme Court of the United States (December 01, 1851) 1851 Where a person made a settlement upon his wife and children, owing at that time a large sum of money, for which he was soon afterwards sued, and became insolvent, these circumstances, with other similar ones, are sufficient to set aside the deed as being fraudulent within the statute. THIS was an appeal from the District Court of the United States...   Cases  
Patrick v. Bryan 6 La.Ann. 699, Supreme Court of Louisiana (October 01, 1851) 1851 Appeal from the District Court of Bossier, Jones, J.   Cases  
Paul Pegram & Co. v. Williams 4 Rich. 219, Court of Appeals of Law of South Carolina (January 01, 1851) 1851 The nature, obligation, and construction of contracts are to be governed by the lex loci contractus, but the remedies by which contracts are enforced are to be according to the lex fori, which is strictly territorial. At what time an action may be commenced on a contract, as well as at what time the right of action is barred by the statute of...   Cases  
Pearson v. Grice 6 La.Ann. 232, Supreme Court of Louisiana (March 01, 1851) 1851 Appeal from the District Court of Concordia, Farrar, J.   Cases  
Pearson v. Reid 10 Ga. 580, Supreme Court of Georgia (November 01, 1851) 1851 [1.] The only question made in this case, is the right of the plaintiff to amend his declaration by adding a new count, for a distinct injury, at the trial term of the cause. The Court below allowed the amendment, with leave to the defendant to continue the cause. The original declaration contained two counts: One alleging, that the defendant, by...   Cases  
Pendergrast v. Gullatt 10 Ga. 218, Supreme Court of Georgia (July 01, 1851) 1851 [1.] The first question presented for our consideration is, whether the Court erred in admitting the testimony of Moses Jones? This witness testified, among other things, that he knew the land in dispute, lot No. 132, in the 18th district, of originally Muscogee, now Harris County, and that Richard Prather, the tenant in possession, purchased it of...   Cases  
Perminter v. Kelly 18 Ala. 716, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Dallas. Tried before the Hon. Geo. Goldthwaite.   Cases  
Perry v. Graham 18 Ala. 822, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Perry. Tried before the Hon. Geo. D. Shortridge.   Cases  
Perry v. Holloway 6 La.Ann. 265, Supreme Court of Louisiana (March 01, 1851) 1851 Appeal from the District Court of East Feliciana, Penn, J.   Cases  
Perry v. Hudson 10 Ga. 362, Supreme Court of Georgia (August 01, 1851) 1851 The plaintiff in error insists upon two of the grounds only, taken in the bill of exceptions, and our judgment will be restricted thereto. [1.] First, that the Court erred in admitting the evidence of Theresa Killabren, a witness offered by the defendant. It appears from the record, that Melton, as the agent of Hudson, the defendant, went to the...   Cases  
Peters v. Caton 6 Tex. 554, Supreme Court of Texas (January 01, 1851) 1851 Whether the authority of an executor or administrator is a mere naked statutory power, which must be strictly pursued, and that this must be proved by the purchaser in order that title may pass, is not material to the decision of the question suggested by the argument. If the provisions were to be regarded in many particulars directory to the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Pettus v. Clawson 4 Rich.Eq. 92, Court of Appeals of Equity of South Carolina (November 01, 1851) 1851 Where on the last annual return of an administrator with the will annexed, the ordinary struck a balance, and gave him a certificate that the balance thus ascertained was the sum due by him on his accounts,held, that such act of the administrator, having been done in a public office, open for the information of parties interested, and...   Cases  
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