| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Leflore v. Carson |
7 La.Ann. 65, 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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| Lenow v. Lenow |
8 Gratt. 349, Supreme Court of Appeals of Virginia (February 02, 1852) |
1852 |
(Absent Cabell, P.) A proceeding by foreign attachment is instituted against two persons, as jointly indebted to the plaintiff. One of them appears and answers the bill; but the other is regularly proceeded against as an absent debtor, and there is a joint decree against both defendants. HELD: 1st. That the absent defendant who did not appear,... |
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Cases |
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| Leverich v. Citizens' Bank of Louisiana |
7 La.Ann. 290, Supreme Court of Louisiana (May 01, 1852) |
1852 |
Appeal from the Fourth District Court of New Orleans. |
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Cases |
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| Ligon's Adm'Rs v. Rogers |
12 Ga. 281, Supreme Court of Georgia (October 01, 1852) |
1852 |
The complainant filed his bill, to correct an alleged mistake in a written agreement, and also to enforce a specified execution of the agreement when corrected and reformed. That a Court of Equity has jurisdiction to correct mistakes in written contracts, has been solemnly adjudicated by this Court in the case now before us. It is a jurisdiction... |
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Cases |
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| Liza v. Puissant |
7 La.Ann. 80, Supreme Court of Louisiana (February 01, 1852) |
1852 |
Appeal from the First District Court of New Orleans, Larue, J. |
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Cases |
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| Lloyd v. Heath |
Busb.Eq. 39, Supreme Court of North Carolina (December 01, 1852) |
1852 |
On a motion to dissolve an injunction of a special nature, as to stay waste, and the like, where the injury would be irreparable, the bill will be read as an affidavit to contradict the answer. (See Capehart v. Mhoon, and others, 45 N.C. 30, decided at this term.) (The cases of McDaniel v. Stoker, 5 Ire. Eq. 274; Griffin v. Carter, Ib. 413; Purnell... |
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Cases |
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| Loftus v. Penn |
31 Tenn. 445, Supreme Court of Tennessee (April 01, 1852) |
1852 |
This is an application to the county court of Fayette county, for administration on the estate of the plaintiff's deceased wife, and for the removal of the defendant, her brother, who has heretofore been appointed administrator. Before the marriage of the plaintiff and the intestate a contract was entered into, whereby certain property was conveyed... |
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Cases |
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| Long v. Martin |
7 La.Ann. 579, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Claiborne. This case was tried by a jury before Jones, J. |
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Cases |
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| Long v. State |
12 Ga. 293, Supreme Court of Georgia (October 01, 1852) |
1852 |
[1.] Two distinct offences cannot be joined in the same count, in an indictment. [2.] The Penal Code of Georgia makes but one offence of robbery, and two grades of that offence, to wit: robbery by force, and robbery by intimidation. [3.] Different grades of the same offence, may be charged in the same count; provided, in that count the offence is... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Loury v. Herbert |
3 Cushm. 101, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
The act of 1839, (Hutch. Code, 680, § 2,) declares, that all property now exempt from execution under the provisions of the existing laws of this State, shall, upon the death of any person possessed of the same, descend to the widow of the deceased, and be exempt in the same manner as if possessed by the deceased before his death. The act of 1846... |
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Cases |
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| Lower Bd. of Com'rs of Roads of Prince William's Parish v. Trescot |
5 Rich. 278, Court of Appeals of Law of South Carolina (January 01, 1852) |
1852 |
Before an action can be brought by Commissioners of Roads to recover fines, exceeding twenty dollars, for neglect of road duty, the default and amount of the fines must be ascertained and fixed by the proper action of the board itself. |
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Cases |
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| Major v. Esneault |
7 La.Ann. 51, Supreme Court of Louisiana (February 01, 1852) |
1852 |
Appeal from the District Court of Pointe Coupée, Farrar, J. |
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Cases |
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| Mallory v. Mallory |
Busb.Eq. 80, Supreme Court of North Carolina (December 01, 1852) |
1852 |
This cause was brought on for hearing at the last June Term, and has been heard again at the present term. The main question, whether the contract being by parol, can, under the circumstances of fraud charged in the bill, be specifically executed in this Court, has been fully and ably debated by counsel on both sides. The question is a very... |
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Cases |
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| Maltby v. Harwood |
12 Barb. 473, Supreme Court, General Term, New York (February 02, 1852) |
1852 |
The theory of the plaintiff's action is, that the indenture of apprenticeship being void, the relation of the parties is the same as if no attempt had been made to bind the plaintiff as an apprentice; and that, this being the case, the defendants are liable upon a quantum meruit, for the plaintiff's services. It seems to have been assumed by the... |
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Cases |
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| Maltby v. Harwood |
12 Barb. 473 (February 02, 1852) |
1852 |
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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| Martin v. Black |
21 Ala. 721, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Lowndes. Tried before the Hon. EZEKIEL PICKENS. |
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Cases |
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| Martin v. Ranlett |
5 Rich. 541, Court of Appeals of Law of South Carolina (May 01, 1852) |
1852 |
In trespass to try title, plaintiff, in proving title, need not go beyond a source from which both the defendant and himself claimed to derive title. Plaintiff claimed as purchaser of M.'s interest at sheriff's sale: defendant was tenant of G., who claimed as mortgagee of M. and also as purchaser of M.'s interest at sheriff's sale: Held, that... |
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Cases |
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| Matthews v. Robinson |
20 Ala. 130, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Wilcox. Tried before the Hon. Robert Dougherty. |
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Cases |
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| Maulding v. Scott |
13 Ark. 88, Supreme Court of Arkansas (January 01, 1852) |
1852 |
At the common law, there was no remainder to a chattel interest, and any gift or bequest of a chattel, no matter how short the time, passed the absolute property. But this rule of the common law has been modified, and now in case of a gift or bequest of a chattel to a person for life, remainder over to another, the remainder will be supported. Such... |
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Cases |
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| May v. Barnard |
20 Ala. 200, 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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| McBride v. Greenwood |
11 Ga. 379, Supreme Court of Georgia (June 01, 1852) |
1852 |
[1.] If, by a marriage contract, property is vested in trustees for the benefit of the husband and wife and the fruit of the marriage, and subsequently an absolute divorce is granted to the husband, the wife may, after the divorce, by proper conveyance, the trustees being parties thereto, transfer all her rights and interests, under the marriage... |
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Cases |
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| McCoy v. Odom |
20 Ala. 502, 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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| McCullough v. Walker |
20 Ala. 389, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Chancery Court of Tuskaloosa. Tried before the Hon. W. W. Mason. |
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Cases |
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| McDonald v. Hulse |
16 Mo. 503, Supreme Court of Missouri (July 01, 1852) |
1852 |
In this case the following facts are found by the record: McDonald, in August, 1847, filed a bill in the Platte Circuit Court against Hulse, Burnes and Thornburg, to the following effect: Burnes being indebted to McDonald by his bond of 2d February, 1841, payable at ten months, for $500, with six per cent. interest from date, did, by his deed of... |
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Cases |
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| McDonald v. McGuire |
8 Tex. 361, Supreme Court of Texas (January 01, 1852) |
1852 |
When the property of the wife is illegally conveyed during coverture, the statute of limitations commences to run against her on the death of the husband, and does not cease to run on her second marriage. Quere? Whether allegations of fraudulent concealment of the property on the part of the defendant and those under whom he claims, whereby the... |
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Cases |
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| McDougald v. Dougherty |
11 Ga. 570, Supreme Court of Georgia (July 01, 1852) |
1852 |
[1.] A bill filed by a creditor to compel the execution of a trust, is not a bill of quia timet, nor does it partake of the nature of such a proceeding. [2.] Where a trust has been created for the benefit of creditors, it is the right of any one of the creditors to sue in behalf of himself and the rest, to enforce the execution of the trust for the... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| McGuire v. Shelby |
20 Ala. 456, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Talladega. Tried before the Hon. E. Pickens. |
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Cases |
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| McKee v. Kent |
2 Cushm. 131, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
The wife may, as the agent of the husband, make a contract to bind him, but in such a case it must be declared on as his, and not as the wife's contract. When two or more persons are sued in the same action, all the counts in the declaration must show a cause of action against all sued, otherwise it will be defective. The contract in the... |
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Cases |
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| McKinney v. Clarke |
32 Tenn. 321, Supreme Court of Tennessee (December 01, 1852) |
1852 |
This bill was brought to annul a marriage entered into, under all the forms of law, between the defendants, John and Mary Clarke, on the ground that said marriage was contracted, not in good faith, but for the sole purpose of defeating the rights of the complainant, who was a judgment creditor of said Mary prior to the marriage. It appears that the... |
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Cases |
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| McLain v. Winchester |
17 Mo. 49, Supreme Court of Missouri (October 01, 1852) |
1852 |
1. A clerk, in certifying a record of a court of another state, used the words my seal of office in his attestation, instead of the seal of the court. Held, This was sufficient under the act of congress of May 26, 1790. 2. A deed of gift to a married woman will be presumed to be in the custody of her husband until his... |
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Cases |
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| McLure v. Askew |
5 Rich.Eq. 162, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
Bill to subject legacies assented to, and land, sold under a power conferred by the will to raise a fund to satisfy pecuniary legacies, to plaintiff's debt against the testator: the executrix had retained sufficient assets to pay the debt, but had wasted them, and was insolvent; and some eight years before the bill was filed, the plaintiff had... |
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Cases |
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| Means v. Means |
6 Rich. 1, Court of Appeals of Law of South Carolina (December 01, 1852) |
1852 |
A third verdict against the validity of a will set aside and new trial ordered, because the verdict was wholly unsupported by the evidence. |
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Cases |
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| Michan v. Wyatt |
21 Ala. 813, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Perry. Heard before the Hon. W. W. MASON. |
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Cases |
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| Mitchell v. Cowsert |
20 Ala. 186, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit of Pickens. Tried before the Hon. William R. Smith. |
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Cases |
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| Mitchell v. Treanor |
11 Ga. 324, Supreme Court of Georgia (May 01, 1852) |
1852 |
[1.] Cohabitation is presumptive evidence of the wife's authority to contract; and it is for the husband to rebut the presumption by showing that the goods were supplied under such circumstances that he is not bound to pay for them. But where the husband and wife are living apart, the onus lies the other way; and it is for the tradesman to show... |
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Cases |
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| Moffatt v. Thomson |
5 Rich.Eq. 155, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
Where one partner dies insolvent, and is, at the time of his death, indebted, individually, to the surviving partner, individually, and the surviving partner afterwards collects funds of the partnership, he cannot apply the share of the deceased partner to the individual debt due to himselfsuch share must be paid to the representative of the... |
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Cases |
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| Montague's Ex'x v. Turpin's Adm'x |
8 Gratt. 453, Supreme Court of Appeals of Virginia (February 16, 1852) |
1852 |
The Court is of opinion, that as it appears that the appellant had obtained a judgment against the appellee F. J. Turpin administratrix of Miles Turpin, upon the joint and several bond executed to the testator of the appellant by the said Miles Turpin, together with Benjamin Haley and George Williamson, the said judgment was conclusive evidence of... |
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Cases |
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| Moore v. Guest |
8 Tex. 117, Supreme Court of Texas (January 01, 1852) |
1852 |
The plaintiff in error in this case seeks to reverse a decree of the District Court of Red River county, annulling the will of Martin Guest, deceased, which had been proven and recorded in the Probate Court. Several grounds have been assigned for error, but as the case has not been argued and some of the points involve principles never decided in... |
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Cases |
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| Moore v. Moore |
12 B.Mon. 651, Court of Appeals of Kentucky (January 27, 1852) |
1852 |
Devises. Entails. Guardian and Ward. ERROR TO THE BOURBON CIRCUIT. The case stated?? JOHN MOORE, deceased, a son of Peter Moore, senior, deceased, by his last will and testament, devised to his daughter Martha, forty and a half acres of land on which he lived, but, in the event of his said daughter's dying without issue, the said land, together... |
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Cases |
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| Moore v. People of State of Illinois |
55 U.S. 13, Supreme Court of the United States (December 01, 1852) |
1852 |
THIS case was brought up from the Supreme Court of the State of Illinois, by a writ of error issued under the 25th section of the Judiciary Act. The section of the law of Illinois, under which Eels was indicted in 1842, and the facts in the case are set forth in the opinion of the court, and need not be repeated. The court before which he was... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Neal v. Moultrie |
12 Ga. 104, Supreme Court of Georgia (August 01, 1852) |
1852 |
[1.] Held, that the liabilities of the Directors, created by the 8th rule of the charter of the Commercial Bank at Macon, is a Statutory liability and not barred until after 20 years. [2.] Held, that the limitation of six months, provided by the Act of 1776, to fines, forfeitures and penalties, does not apply to an action brought by a creditor... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Neal v. Price |
11 Ga. 297, Supreme Court of Georgia (April 01, 1852) |
1852 |
[1.] Where a Sheriff had made a levy on the property of a defendant in execution, and neglected to advertise, and sell the same for nealy six months, not having time to do so, before the next term of the Court, and just before the sitting of the Court, the defendant obtained an injunction restraining the plaintiff from collecting his fi. fa.: Held,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| New Orleans Gaslight Co. v. Webb |
7 La.Ann. 164, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of St. Helena, Penn, J. |
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Cases |
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| Newcomer v. Orem |
2 Md. 297, Court of Appeals of Maryland (December 01, 1852) |
1852 |
It is a material fact in this cause, that the appellee and his wife were married, and always resided in Maryland, as his rights, in a great degree, depend on the law of their domicil. A statement of the principles applicable to such questions, will serve to guide us in tracing and defining the interest of Mrs. Orem in William Blunt's estate, down... |
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Cases |
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| Niday v. Harvey |
9 Gratt. 454, Supreme Court of Appeals of Virginia (September 06, 1852) |
1852 |
(Absent Allen and Samuels, Js.) 1. A claim is made in the defendant's answer, but has no connection with the relief sought in the bill, and is not necessary to be decided in deciding upon the case so made in the bill. Though the court in its decree expresses an opinion in favor of the defendant, this decree does not conclude the question when it is... |
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Cases |
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| Nimmo v. Stewart |
21 Ala. 682, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Chancery Court of Madison. Heard before the Hon. D. G. LIGON. |
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Cases |
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| Norcum v. D'Oench |
17 Mo. 98, Supreme Court of Missouri (October 01, 1852) |
1852 |
1. An outstanding title, which was in existence at the commencement of the suit, is a bar in ejectment, although extinguished by the plaintiff before trial. 2. A testator, in one section of his will, gave his wife a life estate in his mansion house and plantation. In the next section, he willed that all the residue and remainder of his estate... |
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Cases |
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| Norman v. Burnett |
3 Cushm. 183, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
No form of words is necessary to create a trust; but where it is the intention of parties to create one, it is the duty of the court to declare and enforce it. The consideration of the trust was a good one, and the undertaking of B. to execute and carry it into effect, was founded on a valuable consideration. The agreement entered into by B. in... |
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Cases |
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| North Carolina Institute for Education of Deaf & Dumb v. Norwood |
Busb.Eq. 65, Supreme Court of North Carolina (December 01, 1852) |
1852 |
In a case of latent ambiguity, evidence dehors the will or other instrument must be resorted to, to remove the doubt--the question being one of identity, or of fitting the description to the person or thing intended. In a case of patent ambiguity, the question being one of construction, the instrument must speak for itself. Where testator... |
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Cases |
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| Norton v. Gillison's Legatees |
4 Rich.Eq. 213, Court of Appeals of Equity of South Carolina (January 01, 1852) |
1852 |
Under the 7th section of the ordinary's Act of 1839, the ordinary is entitled to five per cent of the value of the estate, taken charge of by him as derelict, only when he has performed the duties prescribed in that section. Where, instead of selling the whole estate, paying the creditors, and depositing the net balance in bank, he applied to the... |
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Cases |
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