Title | Citation | Year | Summary | Most Relevant | Type | Status |
Reese v. Holmes |
5 Rich.Eq. 531, Court of Appeals of Equity of South Carolina (May 01, 1852) |
1852 |
Parties and their privies to a record and decree in partition, are concluded, by the decree, from showing an estate in the parties, at the time, greater than, or derived from a different source from, that set out in the proceedings and established by the decree. Bill in Virginia for partition of testator's estate, to which his widow was a party as... |
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Cases |
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Reeves v. Tucker |
5 Rich.Eq. 150, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
When a testator or intestate has died in the possession of personal property, and that fact is alleged, after the usual form, in a bill for partition or account against the executor or administrator, the answer of the latter cannot be received as evidence in support of a title adverse to that of the testator or intestate:-the executor or... |
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Cases |
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Respass v. Young |
11 Ga. 114, Supreme Court of Georgia (January 01, 1852) |
1852 |
The first ground of error assigned in the record, is the admission in evidence of that portion of Hardy Hunter's testimony, in which he stated, that Young afterwards let Mrs. Joiner carry the girl home again, but did not know the conditions; but he never understood it as a gift. The objection is, that the witness never understood it as a gift.... |
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Cases |
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Riddick v. Walsh |
15 Mo. 519, Supreme Court of Missouri (March 01, 1852) |
1852 |
On the 12th of August, 1812, the plaintiff was married to Thomas F. Riddick, with whom she lived as his wife until the 14th of January, 1830, when he died. On the 8th of October, 1814, Felicite Marle, of the territory of Missouri, conveyed by a deed of bargain and sale to Thomas F. Riddick of the same place, a lot in St. Louis, particularly... |
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Cases |
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Riddle v. Brown |
20 Ala. 412, 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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Riddle v. Riddle |
5 Rich.Eq. 31, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
A charge for board made by an administrator against infant distributees, who resided with him, he being their uncle, rejected on the proof. The plaintiff, a distributee, having been unreasonably tardy in the assertion of her right, interest not allowed her during the time she resided with the administrator. An ex parte return to the ordinary in... |
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Cases |
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Riggins' Executors v. Brown |
12 Ga. 271, Supreme Court of Georgia (August 01, 1852) |
1852 |
[1.] The exceptions to the answer are part of the pleadings in the case; and as pleadings, there is no reason why they should not be read to the Jury, with the other pleadings. [2.] The Sheriff's opinion about the sufficiency of Griffin's property to pay the debt, was accompanied by the statement of facts upon which that opinion was founded, and... |
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Cases |
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Ritter v. Stutts |
8 Ired.Eq. 240, Supreme Court of North Carolina (June 01, 1852) |
1852 |
The bill seeks to enforce payment of a note, under seal, for $300, which the plaintiff alleges was executed by the defendants to him; and which, he further alleges, was, by accident, lost out of his possession. The plaintiff annexes to the bill his affidavit of the truth of the matters therein set forth. The plea alleges, that there has been a... |
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Cases |
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Rivarde v. Rousseau |
7 La.Ann. 3, Supreme Court of Louisiana (January 01, 1852) |
1852 |
Appeal from the Third District Court of New Orleans, Kennedy, J, |
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Cases |
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Rivers v. Fripp |
4 Rich.Eq. 276, Court of Appeals of Equity of South Carolina (January 01, 1852) |
1852 |
Devise of property, real and personal, to testator's wife, for life, and after her death to his son, for life; and from and immediately after the death of my wife and son, unto the issue of my said son living at the time of his death, who shall live to attain the full age of twenty-one years, or who, dying before that time, shall leave issue to... |
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Cases |
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Roach's Ex'rs v. Bennett |
2 Cushm. 98, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
Judgments cannot operate as liens upon mere equities, yet courts of equity will treat them as liens, and enforce them accordingly, by placing the judgment-creditor in the place of the judgment-debtor. Where the wife has a separate estate, which she permits her husband to use, and there is no agreement as to interest to be paid by him, the law will... |
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Cases |
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Roberson's Heirs v. Roberson's Ex'rs |
21 Ala. 273, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Court of Probate of St. Clair. |
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Cases |
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Robertson v. Bruner |
2 Cushm. 242, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
At common law a promissory note or bond made by a married woman was a mere nullity, and could not be enforced. Davis and wife v. Foy, 7. S. & M. 64, cited and confirmed. The statute of the State conferring certain rights on married women, only gives them power to contract to the extent of the powers specially conferred by the statute; and any... |
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Cases |
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Robinson's Ex'rs v. Robards |
15 Mo. 459, Supreme Court of Missouri (January 01, 1852) |
1852 |
This was a bill in chancery, filed by the complainants against the defendants, charging substantially, that William Robards, one of the defendants, in December, 1847, was indebted to the complainants in a large sum of money, for which, afterwards, on the 25th August, 1848, judgment for the sum of $4,493 was rendered, on which a special fieri facias... |
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Cases |
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Ross v. Ross |
21 Ala. 322, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Court of Probate of Randolph. |
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Cases |
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Rutherford v. McIvor |
21 Ala. 750, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Macon. Tried before Hon. ROBERT DOUGHERTY. |
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Cases |
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Sample v. Barnes |
55 U.S. 70, Supreme Court of the United States (December 01, 1852) |
1852 |
THIS was an appeal from the Circuit Court of the United States for the Southern District of Mississippi. The facts are all stated in the opinion of the court. The argument consisted chiefly in comments upon the testimony, and contending that giving a forthcoming bond did not recognize the validity of the judgment. The giving and forfeiture of the... |
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Cases |
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Sanderlin v. Sanderlin's Adm'r |
31 Tenn. 441, Supreme Court of Tennessee (April 01, 1852) |
1852 |
This is an application for a year's support, under the statutes, by the plaintiff in error, who is the widow of the defendant's intestate. It appears from the record that at the May term of the county court of Shelby, 1850, commissioners were appointed to lay off a year's support for the plaintiff. At the July term of the court the commissioners... |
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Cases |
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Sanders v. Davis |
13 B.Mon. 432, Court of Appeals of Kentucky (January 01, 1852) |
1852 |
About the 1st of January, 1850, Tyler Baird delivered to Samuel E. Davis some bills of exchange which had been accepted by Erasmus G. McGinnis, of Louisville. They were delivered to Davis to indemnify him against responsibilities which he was under as surety for Baird, and, perhaps, as collateral security for some notes which Davis held upon Baird.... |
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Cases |
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Sartorious v. State |
2 Cushm. 602, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
Where the witnesses both for the State and the prisoner, after the impanelling of the jury, have been ordered to leave the court-room during the examination, and one of them disobeys the instruction, and hears the whole, or any part of the testimony given by other witnesses, it is a question within the discretion of the court of original... |
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Cases |
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Satterfield v. Riddick |
8 Ired.Eq. 265, Supreme Court of North Carolina (June 01, 1852) |
1852 |
Whether an infant female can or cannot bind her and by marriage, yet, if lands to which she is entitled, with others, as tenant in common, be sold for partition, under an order of a Court of Equity, a contract made by her, she being still an infant, for the conveyance of the fund arising from such sale, in consideration of marriage, will not be... |
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Cases |
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Satterwhite v. Hicks |
Busb. 105, Supreme Court of North Carolina (December 01, 1852) |
1852 |
The first objection raised in the plaintiff's bill of exceptions is to the reception of the ante-declarations of Joseph Satterwhite. His Honor committed no error in this particular. It is a general principle in the law of evidence, that any fact to be proved against a party ought to be proved in his presence, by the testimony of witnesses duly... |
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Cases |
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Saunders v. Saunders' Adm'r |
20 Ala. 710, 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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Savage v. Foy |
7 La.Ann. 573, 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 |
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Scott v. Coxe's Adm'rs |
20 Ala. 294, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. |
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Cases |
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Scott v. Emerson |
15 Mo. 576, Supreme Court of Missouri (March 01, 1852) |
1852 |
These are all the decisions that have been made in our own court, upon the questions, direct and collateral, involved in this cause. In none of these cases do we find, after careful examination, that the authority of the Ordinance of 1787 was questioned. It was taken for granted, by the court and counsel, that it was yet, in full force and vigor,... |
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Cases |
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Scott v. Henry |
13 Ark. 112, Supreme Court of Arkansas (January 01, 1852) |
1852 |
Where a bill of sale, absolute upon its face, was intended by the parties as a security for money advanced, no matter what language is employed in expressing the terms of the contract, it will be held and treated as a mortgage. For the purpose of ascertaining the true intention of the parties, it is a well established rule that the courts will not... |
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Cases |
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Seaborn v. State |
20 Ala. 15, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Macon. Tried before the Hon. E. Pickens. |
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Cases |
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Selph v. Howland |
1 Cushm. 264, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
A married woman has no power to contract, either separately, or jointly with her husband, for the labor of a mechanic to be performed in, or for materials furnished for, building or repairing upon the separate estate of the wife. The lien given by statute to a mechanic, for work and labor done upon, or materials furnished for, any building, does... |
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Cases |
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Sessions v. Bacon |
1 Cushm. 272, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
S. and wife executed a mortgage jointly, to charge an individual debt of S. upon certain property; but the property so conveyed was, as held, the separate estate of the wife under the statute of 1839. Held, that the power of a feme covert to convey her separate property under our statute cannot be doubted, and if the power exists to make an... |
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Cases |
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Shaddon v. Knott |
32 Tenn. 358, Supreme Court of Tennessee (December 01, 1852) |
1852 |
This action of replevin was brought for a brown mare, worth $360. The mare was sold by one Holcomb, to the plaintiff, but left with the vendor for the use of his family. Sometime after, Holcomb procured an auctioneer to sell the mare for him, and she was bought by Tate, who sold her to the defendant. It does not appear that the defendant had any... |
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Cases |
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Shands v. Triplet |
5 Rich.Eq. 76, Court of Appeals of Equity of South Carolina (November 01, 1852) |
1852 |
At a Commissioner's sale of land, the plat exhibited represented a river as running through the tract and covering a portion of the land: the land was sold by the acre: the river, at a place where it ran through the tract, contained obstructions to the navigation, but was navigable for boats above and below that place:-Held, that the purchaser was... |
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Cases |
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Shelton v. Hamilton |
1 Cushm. 496, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
The court below charged the jury that A purchase made under an execution, tested and issued after the death of the defendant whose property was sold, without a proper revival, though previous executions may have issued in his lifetime, did not create any title, and that they must find for the defendant.Held, that this was error in the... |
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Cases |
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Shomo v. Caldwell |
21 Ala. 448, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Circuit Court of Monroe. Tried before the Hon. L. GIBBONS. |
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Cases |
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Shorter v. Hargroves |
11 Ga. 658, Supreme Court of Georgia (July 01, 1852) |
1852 |
The complainants in this bill, are the heirs at law and legal distributees of the late Eli S. Shorter, deceased, who seek a decree for that portion of the estate of the decedent, which went into the hands of James H. Shorter, one of the administrators thereof; alleging fraud, mismanagement and waste, on the part of such administrator, who is now... |
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Cases |
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Shotwell v. Taliaferro |
3 Cushm. 105, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
It is only in his own court of the district to which the law has assigned him, that a chancellor or vice-chancellor can cause a selection of a special chancellor to be made under the statute to try a case in the decision of which the chancellor is incompetent to sit. In such a case every thing is to be done in the name of the regular chancellor of... |
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Cases |
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Simms v. Smith |
11 Ga. 195, Supreme Court of Georgia (February 01, 1852) |
1852 |
Otis Smith filed a bill in Coweta Superior Court, against John C. Simms, as administrator of Thomas C. Brown, deceased, charging that in January, 1840, he placed in the hands of said deceased, solvent notes, amounting to some six thousand dollars, which Brown received, in especial trust and confidence, and was to collect and employ the proceeds, as... |
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Cases |
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Simpson v. Powell |
7 La.Ann. 555, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Caddo, Jones, J. |
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Cases |
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Simpson v. Warren |
5 Harr. 371 (October 01, 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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Sims & Smith v. Chance |
7 Tex. 561, Supreme Court of Texas (January 01, 1852) |
1852 |
Where the defendant alleged that the contract between himself and plaintiff was in writing and was delivered to the plaintiff at the time, and said allegation was, on exception by the plaintiff, stricken out: Held, That the ruling did not affect the case, and that there was no error. (Note 79.) Where it comes out, in the course of the trial, that a... |
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Cases |
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Sims v. Goudelock |
6 Rich. 100, Court of Appeals of Law of South Carolina (December 01, 1852) |
1852 |
A promise by defendant to N. S. to pay the debt of N. S. to a third person, construed to be, in effect, a promise to indemnify N. S. against the debt: held, therefore, that until N. S., or his executor, paid the debt, he had no right of action against the defendant. Before payment of the debt the executor of N. S. filed a bill in Equity to compel... |
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Cases |
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Slack v. Maysville & L.R. Co. |
13 B.Mon. 1, Court of Appeals of Kentucky (July 01, 1852) |
1852 |
1. The city of Maysville, under the act authorizing subscription to stock in the Maysville and Lexington railroad company, had a right to vote jointly with the county on the question of the propriety of making the subscription, and the call for the vote by the president and directors of the railroad company was authorized by the statute. 2. A... |
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Cases |
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Smith v. Hooper |
20 Ala. 245, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Court of Probate of Dallas. |
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Cases |
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Smith v. McWaters |
7 La.Ann. 145, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of West Feliciana. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Smith v. Smith's Adm'rs |
21 Ala. 761, Supreme Court of Alabama (June 01, 1852) |
1852 |
ERROR to the Court of Probate of Chambers. |
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Cases |
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Smith v. Swormstedt |
5 McLean 369, Circuit Court, D Ohio (October 01, 1852) |
1852 |
In equity. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Smith v. Tabor |
7 La.Ann. 582, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Caddo, Jones, J. |
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Cases |
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South Carolina R. Co. v. Jones |
4 Rich.Eq. 459, Court of Appeals of Equity of South Carolina (May 01, 1852) |
1852 |
Charter authorizing the grantees to collect toll, at the Augusta bridge, across the Savannah river, from persons going from the South Carolina side; but the collecting of said toll shall not subject the R. R. Company, or the community, to the payment of double toll:Held, not to authorize the grantees to collect toll from persons going from the... |
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Cases |
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Sowell v. Barrett |
Busb.Eq. 50, Supreme Court of North Carolina (December 01, 1852) |
1852 |
In a bill filed to redeem property, conveyed to the defendant by a deed absolute on its face, a Court of Equity will not relieve the plaintiff, upon mere proof of the parties' declarations. There must be proof of fraud, ignorance or mistake, or of facts inconsistent with the idea of an absolute purchase. (The case of Kelly v. Bryan, 6 Ire. Eq.,... |
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Cases |
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Spencer v. State |
20 Ala. 24, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Macon. Tried before the Hon. E. Pickens. |
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Cases |
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