TitleCitationYearSummaryMost RelevantTypeStatus
Pettus v. Smith 4 Rich.Eq. 197, Court of Appeals of Equity of South Carolina (November 01, 1851) 1851 A plaintiff in a judgment at law, seeking the aid of the Court of Equity, is not bound to show a fi. fa. issued on his judgment and returned nulla bonaa ca. sa. may be as well, if not better, adapted to show that the plaintiff could not have satisfaction by legal process, and that he needs the assistance of the Court of Equity. A plaintiff...   Cases  
Petty v. Boothe 19 Ala. 633, Supreme Court of Alabama (June 01, 1851) 1851 ERROR to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne.   Cases  
Phillips v. Humphrey 7 Ired.Eq. 206, Supreme Court of North Carolina (June 01, 1851) 1851 It is admitted, that the sum of $100, which the testator directed his executor to pay to the plaintiff, Juliann, has been paid. This sum, therefore, is out of the case. The defendants Lot S. Humphrey, Penn and his wife Eldah, Jacob Doty and his wife Minerva, Samuel Doty and his wife Susan, and William Pollock and wife Olive, are respectively liable...   Cases  
Pinckard v. Woods 8 Gratt. 140, Supreme Court of Appeals of Virginia (September 11, 1851) 1851 It is the duty of an executor, not to sell, but to collect, the debts due to the estate of his testator, including those arising out of sales of goods made by the executor in the course of his administration; and if he sells such debts at a price below their value he thereby commits a devastavit, unless he makes it appear that such sale was...   Cases  
Pinson v. Williams 1 Cushm. 64, High Court of Errors and Appeals of Mississippi (January 01, 1851) 1851 L. and H. made an agreement in 1812 or 1813, to purchase from the government a tract of land, to be paid for in four annual instalments; the patent to be taken out to H., who executed his bond to L. for the conveyance to him of one half of the land. L. paid one instalment and died, leaving a widow and one child. The widow administered upon his...   Cases  
Pippin v. Ellison 12 Ired. 61, Supreme Court of North Carolina (June 01, 1851) 1851 The term property, in its legal sense, does not include choses in action, and in reference to personalty, is confined to goods, which embraces things inanimate, as furniture, &c. and to chattels, which term embraces living things, as horses, &c. Where a testator devised all his property to his...   Cases  
Polk v. Robinson 7 Ired.Eq. 235, Supreme Court of North Carolina (August 01, 1851) 1851 The proofs satisfy the Court that the plaintiff is mistaken in the allegation of the Executor's assent to the legacy, as respects the woman Susannah and her children. The Executor seems to have had little or nothing to do with the estate, and hardly any knowledge of the administration, which was conducted by Orr, as his general agent for that...   Cases  
Pool v. Hodnett 18 Ala. 752, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Chambers. Tried before the Hon. E. Pickens.   Cases  
Porter v. Ledoux 6 La.Ann. 377, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Portevant v. Pendleton 1 Cushm. 25, High Court of Errors and Appeals of Mississippi (January 01, 1851) 1851 By the common law, all personal actions abated by the death of either party before judgment, and the difficulties and delay produced by the operation of the rule, were remedied by the statute of 17 Charles 2, and 8 & 9 William 3, which gave the scire facias to bring in the representatives of the party deceased; but these statutes go no further than...   Cases  
POWER OF THE SECRETARY OF THE TREASURY RESPECTING CERTAIN FLORIDA CLAIMS. 5 U.S. Op. Atty. Gen. 333 (April 16, 1851) 1851     Administrative Decisions & Guidance  
Poydras v. Laurans 6 La.Ann. 771, Supreme Court of Louisiana (December 01, 1851) 1851 Appeal from the District Court of New Orleans, Strawbridge, J.   Cases  
Pringle v. Ravenel 3 Rich.Eq. 342, Court of Appeals of Equity of South Carolina (January 01, 1851) 1851 By marriage settlement the survivor had power, by will, to fix the proportion each child should take of the settled estate: the wife survived, and on bill for settlement of the husband's estate, by a consent decree, the trustee under the settlement became the purchaser, to and for the uses of the settlement, of the husband's separate estate, and...   Cases  
Ragland v. Justices of Inferior Court 10 Ga. 65, Supreme Court of Georgia (July 01, 1851) 1851 [1.] In a suit on a guardian's bond, by the ward, against his guardian alone, it is not good cause for non-suit, that the plaintiff has not averred and proved a judgment or decree against the guardian, in his representative character, because the suit is against him in that character. [2.] When returns are made by an executor, administrator or...   Cases  
Ramey v. Green 18 Ala. 771, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Chancery Court of Benton. Tried before the Hon. D. G. Ligon.   Cases  
Ratcliff v. Trimble 12 B.Mon. 32, Court of Appeals of Kentucky (June 13, 1851) 1851 THIS case was formerly before the Court, and we refer to the opinion reported in 9 B. Monroe, 511, for a general statement of the facts and principles as then presented. It will be seen from that opinion that the action was brought on the demise of Trimble, against Richard Ratcliff, Silas Ratcliff and others, to recover land claimed by the lessor...   Cases  
Ratteree v. Nelson 10 Ga. 439, Supreme Court of Georgia (August 01, 1851) 1851 [1.] The rule of Court requires that when a party wishes to introduce a copy deed in evidence, it shall be a sufficient foundation for the introduction of such secondary evidence, for the party to swear to his belief of the loss or destruction of the original, and that it is not in his possession, power or custody. The plaintiff in error, we think,...   Cases  
Rawlings v. State 1 Md. 127, Court of Appeals of Maryland (December 01, 1851) 1851 A motion is made to dismiss this appeal, because the record was not brought before the court upon a writ of error. The act of 1785, ch. 87, sec. 6, provides, that any party or parties aggrieved by any judgment or determination of any county court, in any civil suit, or action, or any prosecution, for the recovery of any penalty, fine, or damages,...   Cases  
Rawls v. Rawls 6 La.Ann. 665, Supreme Court of Louisiana (September 01, 1851) 1851 Appeal from the District Court of St. Mary, Voorhies, J.   Cases  
Ray v. Catlett 12 B.Mon. 532, Court of Appeals of Kentucky (January 19, 1851) 1851 Case stated. THIS petition was brought by Catlett & Buck, upon a note executed to them by George W. and William W. Ray, on the 28th of October, 1849, for the payment of $566 79, eighteen months after date. The defendants filed two pleas in bar, each of which was adjudged bad on demurrer, and a third plea afterward offered, having been rejected by...   Cases  
Reading v. Donovan 6 La.Ann. 491, Supreme Court of Louisiana (May 01, 1851) 1851 Appeal from the Third District Court of New Orleans, Kennedy, J.   Cases  
Rhinehart v. Doswell 6 La.Ann. 766, Supreme Court of Louisiana (December 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Rhodes v. Hooper 6 La.Ann. 355, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the District Court of East Baton Rouge, Burk, J.   Cases  
Richardson v. Strong 13 Ired. 106, Supreme Court of North Carolina (December 01, 1851) 1851 The contracts of a lunatic are not all absolutely void; but it is held, that contracts, fairly made with them for necessaries, or things suitable to their condition or habits of life, are to be sustained. The leading case on the subject, in England, is that of Baxter v Earl of Portsmouth; and in Tally v Tally, 2 Dev. & Bat. Eq. 385, the same...   Cases  
Robb v. Belt 12 B.Mon. 643, Court of Appeals of Kentucky (October 01, 1851) 1851 The case stated. BY the will of Shadrach Penn, senior, admitted to record in 1831, after making a separate bequest to each of his eight children, and except in one instance, for the life of the legatee, and to be divided equally among the legatee's children at his or her death, stating in each case, with the single exception that the legatee had...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Robinson v. Blakely 4 Rich. 586, Court of Appeals of Law of South Carolina (May 01, 1851) 1851 Where a father is alive, and can be examined as a witness, his declarations, whether made orally to a witness, or in writing in the family register, are incompetent as evidence of the time of a child's birth. In the plaintiff's examination in chief, he was allowed, by the Circuit Judge, to introduce incompetent evidence-the declarations of a...   Cases  
Robson v. the Huntress 25 Hunt Mer. Mag. 336, Circuit Court, ED Pennsylvania (April 01, 1851) 1851 Appeal from the district court of the United States for the Eastern district of Pennsylvania. The Huntress, an American brig, bound on a trading voyage to Sierra Leone, and other places on the west coast of Africa, was fallen in with, off Cape Lopez, (lat. 2°30 N., lon. 9°45 E.,) by the Jackall, a steam tender to H. B. M.'s...   Cases  
Roe v. Lovick 8 Ired.Eq. 88, Supreme Court of North Carolina (December 01, 1851) 1851 When a paper is signed and sealed, and handed to a third person, to be handed to another, upon a condition, which is afterwards complied with, the paper becomes a deed, by the act of parting with the possession, and takes effect presently; unless it clearly appears to be the intention, that it should not then become a deed. The enquiry always is,...   Cases  
Rogers v. Chandler 6 La.Ann. 349, Supreme Court of Louisiana (April 01, 1851) 1851 Appeal from the District Court of Jefferson, Clark, J. This case came up on an appeal from a judgment against Edward Brown, the intervenor.   Cases  
Romer v. Woods 6 La.Ann. 29, Supreme Court of Louisiana (January 01, 1851) 1851 Appeal from the Fifth District Court of New Orleans, Buchanan, J.   Cases  
Ross v. Ross 12 B.Mon. 437, Court of Appeals of Kentucky (December 22, 1851) 1851 The case stated?? AMBROSE ROSS, deceased, made his will, dated December 8, 1810, devising the plantation on which he lived to his wife during her life, and over to his son David Ross in fee simple, after the death of his mother. His land elsewhere he gave to his two sons Thomas and Robert Ross, to be equally divided between them upon their arriving...   Cases  
Rowland v. Walker 18 Ala. 749, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the Circuit Court of Dallas. Tried before the Hon. N. Cook.   Cases  
Ruddell v. Magruder 11 Ark. 578, Supreme Court of Arkansas (January 01, 1851) 1851 The constitutionality of the act giving forfeited delivery bonds the force and effect of judgments on which execution may issue (Digest chap. 67, sec. 46-7) was definitely settled in Reardon Exparte. 9 Ark. R. 450. During the term to which such bond is returned forfeited, the court may, on motion, pass upon the sufficiency or insufficiency of the...   Cases  
Rugely v. Robinson 19 Ala. 404, Supreme Court of Alabama (June 01, 1851) 1851 ERROR to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne.   Cases  
Rutland v. Gleaves 31 Tenn. 198, Supreme Court of Tennessee (December 01, 1851) 1851 The case is an issue of devisavit vel non, on a writing purporting to be the will of Margaret Thompson, deceased. It was tried at May term, 1850, of the circuit court of Wilson, and the verdict was that said writing was the last will and testament of the deceased. The defendants moved for a new trial, and the motion being overruled, and judgment...   Cases  
Samuel v. Ellis 12 B.Mon. 479, Court of Appeals of Kentucky (January 06, 1851) 1851 The case stated, and decree of the Circuit Court. WILLIAM ELLIS, in the tenth clause of his will, makes the following provision: It is my will and desire that the farm on which I now live be sold, and all the residue of my estate which is not named in this will, and the proceeds to be equally divided among all my children, except my son,...   Cases  
Sargent v. Slatter 6 La.Ann. 72, Supreme Court of Louisiana (February 01, 1851) 1851 Appeal from the Fourth District Court of New Orleans, Strawbridge, J.   Cases  
Schroeppel v. Corning 2 Seld. 107, Court of Appeals of New York (December 01, 1851) 1851 The agreement of the 26th June, 1837, between Corning and Schroeppel, did not amount to a loan, but a contract for a loan. There must be a loan of money to constitute usury. There was, therefore, no loan until the 10th of July, 1837, when the money was advanced, and the land conveyed, and of course no usury, and no excess by way of premium for the...   Cases  
Schulenberg v. Campbell 14 Mo. 491, Supreme Court of Missouri (March 01, 1851) 1851 This was an action of detinue brought by the appellee in the court below, to recover a raft of logs. The suit was tried by a jury on the general issue. The plaintiff gave in evidence a confirmation by Commissioner Bates to Daniel Clark of 7,056 arpents of land, situate in St. Charles county. A survey of the said confirmation by the...   Cases  
Schuttler v. Piatt 12 Ill. 417, Supreme Court of Illinois (June 01, 1851) 1851 If a note and assignment are made in this state, the rights and liabilities of the parties must be governed by the laws of the state. An assignor of a note is liable, if the assignee uses due diligence in prosecuting the maker to insolvency, or if the institution of a suit against him would have been unavailing, and if the maker of the note has...   Cases  
Sheldon v. Armstead's Adm'r 7 Gratt. 264, Supreme Court of Appeals of Virginia (March 03, 1851) 1851 (Absent Cabell, P. and Brooke, J.) G died in 1762, making W his executor. In 1784 bill by legatees of G against administrators of W for an account. The administrators having turned over the estate of W to D the husband of S the only child of W, he attends to the settlement of the account before the commissioner, which is returned in 1798. After the...   Cases  
Shepard v. Parker 13 Ired. 103, Supreme Court of North Carolina (December 01, 1851) 1851 This was a petition filed in the County Court, for an account of the estate of one Morris, and for the payment of a filial portion. An exception was made by the plaintiffs, to the amount stated by the commissioner, because the commissions were improper and excessive. The exception was not allowed by the County Court, and upon appeal to the Superior...   Cases  
Smith v. Hereford 6 La.Ann. 100, Supreme Court of Louisiana (February 01, 1851) 1851 Appeal from the parish of West Baton Rouge, Burk, J.   Cases  
Smith v. Hooks 19 Ala. 101, Supreme Court of Alabama (January 01, 1851) 1851 ERROR to the County Court of Sumter.   Cases  
Smith v. Nicholson 6 La.Ann. 704, Supreme Court of Louisiana (October 01, 1851) 1851 Appeal from the District Court of Caddo, Olcott, J.   Cases  
Sparkman v. Daughtry 13 Ired. 168, Supreme Court of North Carolina (December 01, 1851) 1851 When it appears from the record, that a cause was tried at a special term of a Superior Court, it is to be presumed, prima facie, that an order for holding it was duly made, and that it was duly held. A Superior Court, at a special term, has the same power to remove a cause to another county, that it has at a regular term. The cases of the State v...   Cases  
Starke v. Lewis 1 Cushm. 151, High Court of Errors and Appeals of Mississippi (January 01, 1851) 1851 A decree in the appellate court, dismissing a bill, is a final disposition of the cause, and the parties cannot be again brought into the court below by petition. Where a complainant obtains an injunction to restrain the sale of personal property which remains in his possession, he giving bond and security to have it forthcoming to answer the...   Cases  
State v. Capers 6 La.Ann. 267, Supreme Court of Louisiana (March 01, 1851) 1851 Appeal from the District Court of East Baton Rouge, Burk, J.   Cases  
State v. Cheek 13 Ired. 114, Supreme Court of North Carolina (December 01, 1851) 1851 It is objected, that McCulloch ought not to have been allowed to speak of anything, on which his memory had been refreshed by looking at his books, without producing the book on the trial. But the rule seems to be otherwise. As the book was written by the witness, himself, and was not, in itself, evidence, and the witness was obliged, after seeing...   Cases  
State v. Dean 13 Ired. 63, Supreme Court of North Carolina (December 01, 1851) 1851 Where there was a conspiracy to commit an offence, it is not competent on the trial of one of the conspirators, to give in evidence the declarations of another conspirator, made after the offence had been committed; because they were not made in furtherance of the common design. The case of State v George, 7 Ire. 329, cited and approved. Appeal...   Cases  
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