| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Grover v. Clarke |
7 La.Ann. 174, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of West Baton Rouge, Burk, J. |
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Cases |
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| Guier v. Guier |
7 La.Ann. 103, Supreme Court of Louisiana (February 01, 1852) |
1852 |
Appeal from the District Court of Carroll, J. N. T. Richardson, J. |
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Cases |
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| Gully v. Dunlap |
2 Cushm. 410, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
A guardian's trust is one of obligation and duty, and not of speculation and profit; and he cannot reap any benefit from the use of his ward's money in any contract or sale. Without an order of the probate court for that purpose, a guardian has no power to convert the personal estate of the infant into land, or to buy land with the infant's money.... |
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Cases |
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| Hagan v. Walker |
55 U.S. 29, Supreme Court of the United States (December 01, 1852) |
1852 |
THIS was an appeal from the District Court of the United States for the Northern District of Alabama. The bill was originally filed in the names of John Hagan, of New Orleans, and a citizen of the State of Louisiana, and Thomas Barrett, of New Orleans, and a citizen of the State of Louisiana, formerly commission merchants and partners, trading... |
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Cases |
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| Hamberlain v. Marble |
2 Cushm. 586, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
Where the parties to a suit in chancery have claims against certain property, equally just, and the question which arises is, who is entitled to prior satisfaction in the event that the property is not sufficient to pay both, it is proper to appoint a receiver. The interlocutory decree of the chancellor appointing such receiver will be sustained. |
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Cases |
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| Hardy v. Thomas |
1 Cushm. 544, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
It is a settled principle of law, that where an action founded upon tort, such as assault and battery, trover, &c., is brought against several defendants, though they all join in the same plea and be found jointly guilty, yet the plaintiff may after verdict enter a nolle prosequi as to some of them, and take judgment against the rest. Held, that... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hardy v. Toney |
20 Ala. 237, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. |
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Cases |
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| Harper v. Scott |
12 Ga. 125, Supreme Court of Georgia (August 01, 1852) |
1852 |
[1.] An ante-nuptial settlement, which was, by agreement between all the parties interested under it, after the marriage, extinguished, and the property named in it divided and delivered, cannot constitute a consideration for a subsequent conveyance, by the husband to the wife, of the property received by him under such division. [2.] A voluntary... |
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Cases |
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| Harris v. Hardeman |
55 U.S. 334, Supreme Court of the United States (December 01, 1852) |
1852 |
THIS case was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Mississippi. The facts are stated in the opinion of the court. Mr. Nelson contended that the judgment of the court below was erroneous, and referred to the following authorities. To show that the bond was regularly taken under the... |
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Cases |
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| Harrison v. Harrison |
20 Ala. 629, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Dallas. Tried before the Hon. E. Pickens. |
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Cases |
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| Harvey v. Anderson |
12 Ga. 69, Supreme Court of Georgia (August 01, 1852) |
1852 |
[1.] To render a witness incompetent, on the ground of interest, it must be shown that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. The interest to exclude a witness must be a present, certain, and vested interest, and not an... |
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Cases |
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| Hays v. Bell |
16 Mo. 496, Supreme Court of Missouri (July 01, 1852) |
1852 |
The following is the statement of the facts of this case, which I embody as part of my opinion, in order that the points decided may be properly understood. Hays sued Bell and Williams in the Howard Circuit Court, on a bond for $750, dated 13th April, 1841, and bearing ten per cent. per annum interest from date, given to Irvin W. Hays, endorsed by... |
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Cases |
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| Henderson v. Downing |
2 Cushm. 106, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
The judgment creditor had a right to enforce his judgment by a sale of the land, although notice of the existence of the deed of trust may have been given to him subsequent to the rendition of the judgment. When the statute speaks of subsequent purchasers, it means purchasers from the grantor directly, and not purchasers at execution... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Henderson v. Henderson's Ex'x |
9 Gratt. 394, Supreme Court of Appeals of Virginia (September 06, 1852) |
1852 |
I am of opinion the Circuit superior court of law and chancery for Wood county should have rendered no decree in the case until it had caused the persons holding the titles to the lands sought to be charged, to be made parties to the suit. As a moiety of their lands if subjected to the lien of complainants' judgment, can only be so subjected after... |
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Cases |
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| Henderson v. Sublett |
21 Ala. 626, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Benton. Tried before the Hon. THOMAS A. WALKER. |
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Cases |
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| Hext v. Walker |
5 Rich.Eq. 5, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
To a bill to enjoin execution creditors from proceeding to enforce their executions, the sheriff is not a necessary party. Notice to him of the order for an injunction is sufficient. Though a decree as to costs is not the subject matter of appeal, yet while the case is before the Court of Appeals, inadvertency or oversights as to costs, will be... |
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Cases |
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| Hicks v. Peques |
4 Rich.Eq. 413, Court of Appeals of Equity of South Carolina (May 01, 1852) |
1852 |
Devise of property, real and personal, to C. B. in fee, but if she should die without leaving issue living at her death then over to W. V. in fee: W. V. died in the life time of C. B., and she then died without issue: Held, that W. V's. estate in expectancy, both in the real and personal property, passed at his death to his heirs then existing,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hill v. Miller |
7 La.Ann. 621, Supreme Court of Louisiana (November 01, 1852) |
1852 |
Appeal from the Third District Court of New Orleans, Kennedy J. |
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Cases |
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| Hill v. Robertson |
2 Cushm. 368, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
Upon the maturity of the debt due in the mortgage, and the failure to pay, the legal title became absolute in R., and that draws after it the right of possession in the property. The chancellor, in appointing the receiver, merely conferred upon him those rights and powers, which a court of law at the same time would have conferred upon the trustee,... |
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Cases |
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| Hoggatt v. White |
32 Tenn. 265, Supreme Court of Tennessee (December 01, 1852) |
1852 |
Mary F. Dickson, in contemplation of marriage with Henry Baldwin, made a conveyance of all her property to the plaintiff in error as trustee, to secure the same to her sole and separate use. In this conveyance it is provided that she shall have full power and authority, by her direction in writing, under her hand, in the presence of one or more... |
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Cases |
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| Holland v. Ingram |
6 Rich. 50, Court of Appeals of Law of South Carolina (December 01, 1852) |
1852 |
A witness who is promised by the plaintiff a sum of money if he will attend as a witness and the plaintiff gains the case, is incompetent to testify for the plaintiff. |
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Cases |
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| Hooper v. Edwards |
20 Ala. 528, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Russell. Tried before the Hon. E. Pickens. |
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Cases |
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| Hooper v. Owens |
7 La.Ann. 206, Supreme Court of Louisiana (April 01, 1852) |
1852 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Hopkins v. Scott |
20 Ala. 179, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Sumter. Tried before the Hon. Wm. R. Smith. |
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Cases |
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| Howcott v. Collins |
1 Cushm. 398, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
In a suit brought against A. and B., as executors of the last will and testament of C., a decree rendered in these words, that Complainants recover from A. and B., executors of the last will and testament of C. deceased,held to be no error, and that it is a decree against A. and B., in their representative and not in their individual... |
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Cases |
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| Huckabee v. Swoope |
20 Ala. 491, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Chancery Court of Greene. Tried before the Hon. W. W. Mason. |
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Cases |
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| Hunter v. Husted |
Busb.Eq. 97, Supreme Court of North Carolina (December 01, 1852) |
1852 |
The bill is filed by the executors of Elizabeth McLeod, against the executors of John McLeod, for a settlement of his estate, under the direction of a Court of Equity. John McLeod died in December, 1849, leaving him surviving his widow, Elizabeth McLeod, and no child, nor the descendants of any--having made and published a last will, which was... |
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Cases |
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| Hutchinson v. Dearing |
20 Ala. 798, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Dallas. Tried before the Hon. E. Pickens. |
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Cases |
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| Ike v. State |
1 Cushm. 525, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
It is a settled principle, that indictments under statutes, particularly of the highest penal character, must state all the circumstances which constitute the offence in the act, so as to bring the defendant judicially within it, and must be certain and clear to every intent, and pursue the precise technical language employed in the statute in... |
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Cases |
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| Ison v. Ison |
5 Rich.Eq. 15, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
Bill for settlement of an intestate's estate sought to charge the defendant with a stallion as an advancement: defendant's answer admitted the gift, and alleged that he had paid his father for the stallion:-Held, that defendant's answer as to the payment, was not evidence for him; and McCaw vs. Blewit, 2 McC. Ch. 101, overruled on this point.... |
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Cases |
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| Jackson v. McAliley |
5 Rich.Eq. 38, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
The Commissioner having in his hands, as receiver, certain funds, to a share of which a married woman was entitled as tenant in common, without any order of Court paid out her share to her husband, she not joining in the receipt:Held, that the payment was unauthorized; and that the Commissioner was bound to account to the wife for her share.... |
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Cases |
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| Jerry v. Townshend |
2 Md. 274, Court of Appeals of Maryland (December 01, 1852) |
1852 |
The proceedings in this case were instituted in Prince George's county court, and removed from that county, upon suggestion and affidavit, to Anne Arundel county court, the latter county being in a different judicial district from the former. Upon motion, Anne Arundel county court refused to hear the case, and ordered it to be remanded to Prince... |
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Cases |
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| Jessup v. Gragg |
12 Ga. 261, Supreme Court of Georgia (August 01, 1852) |
1852 |
[1.] After a Constable is out of office, he has no authority to amend or alter a levy made by him while in office. [2.] According to the provisions of the Act of 1850, it is error for the Judge of the Superior Court, in any cause, whether civil or criminal, or in Equity, during its progress, or in his charge to the Jury, to express or intimate his... |
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Cases |
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| Johnson v. Imboden |
7 La.Ann. 110, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of Carroll, J. N. T. Richardson, J. |
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Cases |
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| Jones v. Jones |
Busb. 177, Supreme Court of North Carolina (December 01, 1852) |
1852 |
A widow, who dissents from her husband's will, takes dower as in case of his intestacy; and is, therefore, entitled to have the dwelling-house, improvements &c., allotted to her in the assignment. And in such case, as in case of intestacy, the jury have a right to assign dower altogether in one tract of land. The jury, in assigning dower, have no... |
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Cases |
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| Jones v. Nirdlinger |
20 Ala. 488, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. |
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Cases |
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| Jones v. Perkins |
8 Tex. 337, Supreme Court of Texas (January 01, 1852) |
1852 |
The sole ground of the plaintiffs' right of action rests on their liability as the securities of Jones in the administration bond, and their reasonable apprehension that that liability will be enforced, and that it will fall on them to satisfy the judgment of Cartwright against their principal, the administrator. If they are not liable they have no... |
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Cases |
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| Jordan v. Jordan |
12 Ga. 77, Supreme Court of Georgia (August 01, 1852) |
1852 |
A suit was instituted in favor of Benjamin S. Jordan, in the County of Troup, upon a note for $4360, made by Warren Jordan in his life, against Mrs. Jordan, his administratrix. This suit was enjoined by this bill. The defendants demurred to the bill, on the ground that they both reside in the County of Baldwin, as appeared from the complainant's... |
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Cases |
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| Kennaird v. Jones |
9 Gratt. 183, Supreme Court of Appeals of Virginia (August 11, 1852) |
1852 |
This was an action of assumpsit in the Circuit court of Wood county, in which Lewis Jones, the defendant in error, was plaintiff, and Kennaird and Murdock, the plaintiffs in error, were defendants. The declaration consisted of three counts. The defendants appeared and demurred generally to the whole declaration, and also to each count thereof, and... |
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Cases |
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| King v. Baker |
7 La.Ann. 570, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Ouachita, Sharpe, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| King v. Hill |
20 Ala. 133, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Madison. Tried before the Hon. George D. Shortridge. |
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Cases |
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| Kingsland v. Worsham |
15 Mo. 657, Supreme Court of Missouri (March 01, 1852) |
1852 |
This was a suit by attachment, commenced July 23rd, 1850, for work and labor done and materials furnished. Plaintiffs' made affidavits as required under the 3rd clause of section 1st, article 1, of the act entitled An act to provide for the recovery of debts by Attachment, Rev. Code 1845, in words and terms to-wit: That they had good... |
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Cases |
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| Lacy v. Williams' Heirs |
8 Tex. 182, Supreme Court of Texas (January 01, 1852) |
1852 |
As a general rule, the legal representatives and not the heir or devisee should bring the suit for the recovery of property belonging to an estate; but to this rule there are several exceptions. (Note 42.) Where the heirs brought suit, alleging that at the October Term last of the County Court of said Houston county the said administration was duly... |
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Cases |
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| Lambeth v. State |
1 Cushm. 322, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
T. and L. were at variance with each other about a dividing line between their land, and L. killed T.; upon the trial of this cause, G. was proposed to be introduced as a witness to prove he had surveyed the land, and where the line run, which was objected to by the counsel for the accused; but after H., the county surveyor, had been introduced by... |
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Cases |
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| Lang v. Brown |
21 Ala. 179, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Mobile. Tried before the Hon. J. W. LESESNE. |
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Cases |
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| Langdon v. Raiford |
20 Ala. 532, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Perry county. Tried before the Hon. John D. Phelan. |
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Cases |
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| Langford v. State |
8 Tex. 115, Supreme Court of Texas (January 01, 1852) |
1852 |
The first objection to the judgment is not tenable. The rule is, that where one person has the general and another a special property in the thing, the property may be averred in the indictment to be in either. (Whart. Am. Cr. L., 404.) But the remaining objection is fatal to the judgment. The indictment appears to have been framed and the... |
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Cases |
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| Lark v. Linstead |
2 Md. 420, Court of Appeals of Maryland (December 01, 1852) |
1852 |
It appears from the proceedings in this case that the complainants are the children of Greenbury Lark, who died in 1826, leaving a will duly executed, which was admitted to probate on the 20th December 1826. By his will he bequeathed all his property to his wife for life, and after his death to be equally divided among his children, share and share... |
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Cases |
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| Larkins v. Biddle |
21 Ala. 252, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Lowndes. Tried before the Hon. J. W. LESESNE. |
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Cases |
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| Le Beau v. Glaze |
8 La.Ann. 474, Supreme Court of Louisiana (September 01, 1852) |
1852 |
Appeal from the District Court, Parish of St. Landry, Cushman, J., presiding. |
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Cases |
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