| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Vasser v. Vasser |
1 Cushm. 378, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
It is a settled principle, that a deed absolute on its face may be valid and effectual as a mortgage if it were intended by the parties to it to operate as a security for the re-payment of money, but such an intention must be clearly made to appear: held, the intention may be proven by a written instrument or a parol agreement. In this case there... |
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Cases |
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| Waddil v. Thompson |
7 La.Ann. 592, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Caddo, -, J. |
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Cases |
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| Wailes v. Cooper |
2 Cushm. 208, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
It is an established rule, that if the title deeds under which a purchaser derives title to land, recite an incumbrance, he will be bound by the recital, and presumed to have had notice of it, whether he has read the recital or not. Held, that the law will not permit him to deny notice by insisting he has not read the deed. A bonâ fide purchaser of... |
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Cases |
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| Walker v. Fenner |
20 Ala. 192, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Lauderdale. Tried before the Hon. Thomas A. Walker. |
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Cases |
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| Walker v. Fuqua |
2 Cushm. 640, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
Miller, Administrator, v. Helm et al., 2 S. & M. 698, cited and construed by the court, and declared not applicable to this case. In a case like the present, the record, which authorizes and completes the sale, is all the law requires to create a mortgage in favor of the administrator. The statute (Hutch. Code, 675, § 3) creating the mortgage,... |
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Cases |
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| Walters v. Jordan |
13 Ired. 361, Supreme Court of North Carolina (June 01, 1852) |
1852 |
Under our Statute (Rev. Stat. ch 121 sec. 11) barring the claim of an adulteress for dower, if she willingly leave her husband and go away and continue with her adulterer, although the wife doth not continually remain in adultery with the adulterer, yet if she be with him and com mit adultery, it is a continuing within... |
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Cases |
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| Ward v. Dulaney |
1 Cushm. 410, High Court of Errors and Appeals of Mississippi (January 01, 1852) |
1852 |
When a marriage is proven, every presumption of law is in favor of its validity until rebutted, and if a party contracting marriage was sane at the time it took place, proof of insanity before and after marriage will not invalidate it. A marriage took place in another state between D. and Mrs. L., and some time after the marriage the wife died,... |
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Cases |
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| Ward v. Saunders |
32 Tenn. 174, Supreme Court of Tennessee (December 01, 1852) |
1852 |
The question in this case arises upon the construction to be given to the sixth clause of the will of Mary H. Bowen, in connection with the codicil to the will. The clause is in these words: I will that all my estate, both real and personal, that may come to the hands of my executors for the use and benefit of my daughters, Levisa Saunders,... |
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Cases |
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| Ware v. Jordan |
21 Ala. 837, Supreme Court of Alabama (February 16, 1852) |
1852 |
ERROR to the Chancery Court of Talladega. Heard before the Hon. DAVID G. LIGON. |
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Cases |
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| Warren v. Brown |
3 Cushm. 66, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
An acknowledgment of a deed or other instrument by a feme covert, must, according to the statute, be made not only separate and apart from her husband, but privately, and the certificate must state that it was made on a private examination. It has long been a principle of courts of equity, that purchases made by the... |
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Cases |
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| Wartel v. Darbein |
8 La.Ann. 506, 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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| Wartelle v. Hudson |
8 La.Ann. 486, 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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| Waters v. Maddox |
7 La.Ann. 644, Supreme Court of Louisiana (December 01, 1852) |
1852 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Watts v. Gayle |
20 Ala. 817, 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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| Webster v. Cooper |
55 U.S. 488, 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 District of Maine. The facts are set forth in the opinion of the court. Upon the trial in the Circuit Court, the demandant's (Webster's) counsel, prayed the court to instruct the jury as follows: 1. That the act of the Legislature of Maine, of the year... |
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Cases |
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| Weems v. Bryan |
21 Ala. 302, Supreme Court of Alabama (June 01, 1852) |
1852 |
APPEAL from the Court of Probate of Marengo. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Whaley v. State |
11 Ga. 123, Supreme Court of Georgia (January 01, 1852) |
1852 |
[1.] When a Juror has been put upon triors, and they have retired to make up their verdict, it is not proper to move the Court to send written instructions to the triors, to propound to the Juror a particular interrogatory, for the purpose of establishing his disqualification. The proper course is to have the triors brought into open Court, and... |
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Cases |
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| Wheeler's Heirs v. Dunlap |
13 B.Mon. 291, Court of Appeals of Kentucky (July 01, 1852) |
1852 |
The questions involved in this case depend upon the construction of the will of Eve Dunlap, deceased. After the usual preamble, the testatrix directs her just debts and funeral expenses to be paid, and then states--It is my will, that in consideration of the numerous services and dutiful attentions of my daughter Catharine Martin, to me, that she... |
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Cases |
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| White v. Graves |
2 Cushm. 166, High Court of Errors and Appeals of Mississippi (April 01, 1852) |
1852 |
The judgment in this case is correct, and the objection urged as to excess of damages, does not apply to actions of replevin brought under the statute, Hutch. Code, 818. |
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Cases |
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| Williams v. Bramble |
2 Md. 313, Court of Appeals of Maryland (December 01, 1852) |
1852 |
The appellee sued the appellant in an action on the case. The declaration contained a count in trover, and one de bonis asportatis; both relating to the same property; On the pleas of non cul. and issue, the jury found for the plaintiff. The defendant moved in arrest of judgment. This appeal is taken from the judgment of the court below overruling... |
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Cases |
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| Williams v. Chambers |
Busb.Eq. 75, Supreme Court of North Carolina (December 01, 1852) |
1852 |
The bill was filed in the Court of Equity for Moore county, where the pleadings were made up and the proofs taken; and the cause being regularly set for hearing, has been transferred to this Court. Upon the opening of the case, and hearing the bill and the answers read, the attention of the counsel was called to an objection which extended in... |
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Cases |
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| Williams v. Maull |
20 Ala. 721, 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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| Williams v. State |
20 Ala. 63, 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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| Williamson v. Jordan |
Busb.Eq. 46, Supreme Court of North Carolina (December 01, 1852) |
1852 |
The claim of the plantiff to be the guardian of his children, by virtue of the testamentary appointment of their grandfather, is founded, we presume, upon the Act of 1762, (1 Rev. Stat. chap. 54. Sec. 1.) That Statute enacts, that where any person hath or shall have any child or children, under the age of twenty-one years, and not married, it... |
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Cases |
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| Williamson v. Norton |
7 La.Ann. 393, Supreme Court of Louisiana (June 01, 1852) |
1852 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Wilson v. Daniel |
13 B.Mon. 348, Court of Appeals of Kentucky (December 13, 1852) |
1852 |
This is a suit in chancery instituted by Jesse M. Wilson against John Daniel, Nancy Wilson, and others, to set aside a conveyance made by the said Nancy to said Daniel, on the 24th day of July, 1848, upon the ground that said conveyance is in fraud of his marital rights. Said Nancy Wilson was formerly the widow of _ Barker, and when she made said... |
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Cases |
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| Winfield v. Little |
7 La.Ann. 536, Supreme Court of Louisiana (September 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Rapides, Cushman, J. |
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Cases |
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| Winter v. State |
20 Ala. 39, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Fayette. Tried before the Hon. Wm. R. Smith. |
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Cases |
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| Wofford v. Thompson |
8 Tex. 222, Supreme Court of Texas (January 01, 1852) |
1852 |
Where it appeared that the justice of the case had probably been attained, and the judgment of the court did not appear to have effected injuriously any subsisting right of the appellant, the judgment was affirmed. It seems that an action may be sustained to cancel a mortgage which has been paid but is still held as a cloud upon the plaintiff's... |
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Cases |
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| Wolfe v. Gilmer |
7 La.Ann. 583, Supreme Court of Louisiana (October 01, 1852) |
1852 |
Appeal from the District Court of the Parish of Caddo, Bullard, J. |
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Cases |
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| Woodfolk v. Nashville & C. R. Co. |
32 Tenn. 422, Supreme Court of Tennessee (December 01, 1852) |
1852 |
The defendants located their road for about 500 feet, on a six-acre lot of plaintiff, in the vicinity of Nashville. The road runs through the corner of the lot, separating about three-fourths of an acre from the main lot, and occupying in the bed, which is from seven to ten feet deep, about three-fourths of an acre. The plaintiff has his family... |
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Cases |
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| Work v. Harper |
2 Cushm. 517, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
The registration of a mortgage, without an acknowledgment or proof of execution according to the statute, is a mere nullity, and does not convey notice to creditors or subsequent purchasers. Whether actual notice to a creditor will be sufficient to protect the rights of a mortgagee, must depend upon the circumstances of each particular case. A... |
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Cases |
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| Worthy v. Patterson |
20 Ala. 172, Supreme Court of Alabama (January 01, 1852) |
1852 |
ERROR to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. |
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Cases |
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| Wright v. Hicks |
12 Ga. 155, Supreme Court of Georgia (August 01, 1852) |
1852 |
[1.] The doctrine of adulterine bastardy, new in our Courts, and has fluctuated in England. [2.] The law now is, that although the birth of a child, during wedlock, raises a presumption that such child is legitimate, yet that this presumption may be rebutted by evidence; and it is the duty of the Jury to weigh the evidence against the presumption,... |
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Cases |
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| Wright v. U.S. Bank |
7 La.Ann. 123, Supreme Court of Louisiana (March 01, 1852) |
1852 |
Appeal from the District Court of Concordia, Farrar, J. |
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Cases |
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| Wright v. Wright |
7 Tex. 526, Supreme Court of Texas (January 01, 1852) |
1852 |
Where the decree in a suit for divorce ordered that all of the property, both real and personal, &c., which was possessed or owned by the defendant at the time of the institution of the suit, should be equally divided, &c., appointing commissioners of partition: Held, That whatever may have been the cause of the omission, it is very clear that no... |
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Cases |
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| Wyche v. Greene |
11 Ga. 159, Supreme Court of Georgia (February 01, 1852) |
1852 |
[1.] At Law, an agreement must be strictly performed; but Courts of Equity will, in cases of accident, surprise, fraud or ignorance, under certain circumstances, grant relief. [2.] If a writing has been executed, with a view of obtaining a particular object, and by mistake, it has been so drawn as not to have the contemplated operation at Law,... |
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Cases |
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| Xiques v. Bujac |
7 La.Ann. 498, Supreme Court of Louisiana (June 01, 1852) |
1852 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| Abbott v. Essex Co |
2 Curt.C.C. 126, Circuit Court, D Massachusetts (October 01, 1854) |
1854 |
[At law. Real action by James A. Abbott and Hannah K. Abbott, his wife, demandants, against the Essex Company, tenants, to recover a parcel of land.] Both parties claimed under the will of John Kittredge. The demandants claimed that the will of John Kittredge created estates tail in equal moieties in each of his two sons John and Jacob, with cross... |
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Cases |
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| Able v. Chandler |
12 Tex. 88, Supreme Court of Texas (January 01, 1854) |
1854 |
Although the administrator of an estate cannot bind the estate by his warranty, (Lynch v. Baxter, 4 Tex. R., 431,) or render it responsible in damages for frauds or torts committed by him, yet, in his dealings with third persons in respect to the estate, he is bound to act fairly and not fraudulently; and the estate which he represents cannot be... |
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Cases |
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| Agee v. State |
25 Ala. 67, Supreme Court of Alabama (June 01, 1854) |
1854 |
APPEAL from the Circuit Court of Marengo. Tried before the Hon. THOMAS A. WALKER. |
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Cases |
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| Alabama Life Ins. & Trust Co. v. Pettway |
24 Ala. 544, Supreme Court of Alabama (January 01, 1854) |
1854 |
ERROR to the Chancery Court of Wilcox. Heard before the Hon. J. W. LESESNE. |
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Cases |
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| Albertson v. Halloway, for Use of Halliburton |
16 Ga. 377, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] A plea of failure of consideration, without fraud, may be pleaded to a note which is a joint and several promise to pay by two, which purports to be over the hand and seal of the makers, and has a seal or scroll affixed to the name of one, the other signing with his own proper hand, as security. Debt, in Houston Superior Court. This was an... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Aldrich v. Kirkland |
8 Rich. 349, Court of Errors of South Carolina (December 01, 1854) |
1854 |
A special injunction ordering security for the forthcoming of property in litigation, is within the powers of the Court of Equity, and may be granted by a Master or Commissioner, under the 8th section of the Act of 1840. But an injunction to compel a party to find sureties to perform any other decree, such as the payment of money, is contrary to... |
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Cases |
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| Alexander v. Beresford |
5 Cushm. 747, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where a vendor sells land, and at the time represents that it is valuable for agricultural purposes, and when asked if it overflowed, he represented that it only overflowed from the backwater of a certain bayou; but it was shown that the vendor knew at the time that the land did overflow generally, which diminished its value:-Held, that the sale... |
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Cases |
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| Alexander v. Fox |
2 Jones Eq. 106, Supreme Court of North Carolina (December 01, 1854) |
1854 |
If an executor assents to the legacies and permits the property of the estate to pass out of his hands, without taking refunding bonds, or retaining funds sufficient for the payment of the debts, and is afterwards compelled to advance his own funds to discharge them, it does not follow as of course, that he may come into a Court of Equity to have... |
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Cases |
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| Alexander v. Worthington |
5 Md. 471, Court of Appeals of Maryland (June 01, 1854) |
1854 |
Under the act of 1835, ch. 380, any one defendant may, after filing his answer, appeal from an order granting an injunction without waiting for the answers of his co-defendants; and on such appeal this court is confined to the case made by the bill, and does not examine the answer. The act of 1849, ch. 229, leaves the case of a will made by a... |
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Cases |
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| Alsop's Creditors v. Barbee |
14 B.Mon. 522, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
(1.) The question whether the creditors of a deceased guardian can, in this way, impeach a settlement of the guardian's accounts is as we believe, a new one in this court; but where, as in the present case, their interest is directly and seriously affected by the settlement, we do not perceive why they may not surcharge and falsify it in a... |
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Cases |
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| Anderson v. Duke |
6 Cushm. 87, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where A. filed a bill in the chancery court against B., as administrator of the estate of C., alleging that the estate had been declared insolvent, and commissioners appointed to audit claims against it, which greatly exceeded the amount of assets which the administrator had reported to the probate court; and the bill further charges that the... |
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Cases |
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| Anty v. Adle |
9 La.Ann. 490, Supreme Court of Louisiana (September 01, 1854) |
1854 |
Appeal from the District Court of the parish of Natchitoches, Bullard, J. |
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Cases |
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