| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Bason v. Holt |
2 Jones (NC) 323, Supreme Court of North Carolina (June 01, 1855) |
1855 |
The words of a will to the only proper use and behoof of my daughter, Margaret, who is a feme covert, do not of themselves secure to such feme covert a sole and separate estate, so as to deprive the husband of his marital rights. ACTION of EJECTMENT, tried before DICK, Judge, at the last Term of Alamance Superior Court. The lessor of... |
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Cases |
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| Beatie v. Butler |
21 Mo. 313, Supreme Court of Missouri (July 01, 1855) |
1855 |
1. The death of the mortgagor does not extinguish or suspend a power of sale in a mortgage. 2. An innocent purchaser at a sale under a power in a recorded mortgage is not affected by an unrecorded agreement executed by the mortgagee at the date of the mortgage that the time of payment of the mortgage debt should be extended upon payment of... |
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Cases |
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| Beauchamp v. Whittington |
10 La.Ann. 646, Supreme Court of Louisiana (September 01, 1855) |
1855 |
Appeal from the District Court of St. Landry. |
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Cases |
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| Beebe v. State |
6 Ind. 501, Supreme Court of Indiana (November 01, 1855) |
1855 |
Roderick Beebe sued out from the Marion Common Pleas a writ of habeas corpus to obtain deliverance from imprisonment in the county jail. The sheriff, being jailer, made return to the writ that he held said Beebe in custody by virtue of mittimuses to him directed by the mayor of Indianapolis, reciting that said Beebe had been convicted and fined... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Bellamy v. Bellamy's Adm'r |
6 Fla. 62, Supreme Court of Florida (January 01, 1855) |
1855 |
1. A debtor in insolvent circumstance may, before lien attaches, lawfully prefer one creditor, or set of creditors to another. 2. A sale, assignment or other conveyance, is not necessarily fraudulent, because it may operate to the prejudice of a particular creditor. 3. A deed made with the purpose or intent to hinder, delay or defraud creditors, is... |
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Cases |
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| Bennett v. Cocks |
15 Tex. 67, Supreme Court of Texas (January 01, 1855) |
1855 |
See this case for circumstances under which the wife's claim to property, by conveyance from her husband to a trustee for her, was sustained against a previous creditor. [1 Tex. 354; 27 Tex. 593.] Appeal from Travis. Judgment obtained by the appellant's intestate September 24, 1842, against John H. Cocks, in a justice's court, in Galveston county.... |
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Cases |
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| Bennett v. Fail |
26 Ala. 605, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Cases |
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| Berret v. Adams |
10 La.Ann. 77, Supreme Court of Louisiana (January 01, 1855) |
1855 |
This case was tried by a jury, before the District Court of the Parish of Iberville. |
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Cases |
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| Bivens v. Phifer |
2 Jones (NC) 436, Supreme Court of North Carolina (August 01, 1855) |
1855 |
If that clause of his will by which the testator directed that his son Matthew Phifer's heirs, his son David Phifer's heirs, his son Ezra Phifer's heirs, his daughter Rachel Biven's heirs, his daughter Martha Craig's heirs, his son McCallum Phifer, and his widow Elizabeth Phifer, should take his estate after being converted into money, share and... |
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Cases |
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| Bivingsville Cotton Mfg. Co. v. Bivings |
7 Rich.Eq. 455, Court of Appeals of Equity of South Carolina (May 01, 1855) |
1855 |
Motion to set aside a report and send the accounts back to the Commissioner, on the ground that the solicitor of the plaintiffs who attended to the reference was dead, and that plaintiffs being deprived of his information, were incapable of sifting the report without an investigation of the whole account de novo:-Motion, under the circumstances,... |
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Cases |
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| Black v. Carrollton R. Co. |
10 La.Ann. 33, Supreme Court of Louisiana (January 01, 1855) |
1855 |
This case was tried by a jury, before the First District Court of New Orleans, Larue, J. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Blackmore v. Blackmore |
3 Sneed (TN) 365, Supreme Court of Tennessee (December 01, 1855) |
1855 |
This bill is brought in the chancery court at Gallatin, by the complainant, to have her right declared to a house and lot in the town of Gallatin, which she charges were devised to her by the second item in the will of her late husband, William M. Blackmore, deceased, and which are claimed by the defendant, James Blackmore, an infant, son of the... |
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Cases |
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| Blevins v. Buck |
26 Ala. 292, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Bloodgood v. Wilson |
10 La.Ann. 302, Supreme Court of Louisiana (April 01, 1855) |
1855 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Bolte v. City of New Orleans |
10 La.Ann. 321, Supreme Court of Louisiana (May 01, 1855) |
1855 |
Appeal from the Fifth District Court of New Orleans, Augustin, J. |
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Cases |
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| Bonnafon v. Wiltz |
10 La.Ann. 657, Supreme Court of Louisiana (September 01, 1855) |
1855 |
Appeal from the District Court of St. Martin. |
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Cases |
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| Booth v. Terrell |
18 Ga. 570, Supreme Court of Georgia (August 01, 1855) |
1855 |
We think that the Court below erred in so framing his charge, that the Jury might infer, from the language used, that though a loan from one person to another were gratuitous; yet, if the property were to be delivered to a third person at the termination of the loan, the lender had parted with all dominion over it from the beginning, and the... |
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Cases |
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| Bottoms v. Kent |
3 Jones (NC) 154, Supreme Court of North Carolina (December 01, 1855) |
1855 |
This question is presented: upon an issue devisavit vel non, there is evidence tending to show that the propounder had procured the execution of the script, by threats of violence; ought he to be allowed to prove that he was a man of easy, quiet temper, and facile disposition, and therefore, not likely to exercise, or attempt the exercise of, the... |
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Cases |
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| Bowen v. Holleyman |
9 Rich. 65, Court of Appeals of Law of South Carolina (November 01, 1855) |
1855 |
Where after suggestion filed charging prisoner's schedule to be false in certain particulars mentioned, the commissioner of special bail allowed him to amend by inserting the property in the schedule. Held, That there was nothing left for the jury to try. Verdict finding defendant guilty set aside, and new trial ordered, with leave to plaintiff to... |
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Cases |
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| Brace v. Shaw |
16 B.Mon. 43, Court of Appeals of Kentucky (July 03, 1855) |
1855 |
Julius Brace and wife and others, the children and heirs of Abraham P. Howell, deceased, filed this petition in ordinary, to recover about twenty-one acres of land, part of a large tract of about 375 acres, which had descended to them from their father, and of which a considerable portion having been sold under a decree for the foreclosure of three... |
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Cases |
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| Branan v. May |
17 Ga. 136, Supreme Court of Georgia (January 01, 1855) |
1855 |
[1.] The rule of law regulating this action, requires that two things should concur to support it: An obstruction in the road by the fault of the defendant; and no want of ordinary care to avoid it, on the part of the plaintiff. (Butterfield vs. Forester, 11 East. R. 60. Bridge vs. Grand. Junction, &c. 3 M. & W. 248. 1 M. & G. 568.) This was a... |
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Cases |
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| Branch v. Riley |
19 Ga. 161, Supreme Court of Georgia (November 01, 1855) |
1855 |
[1.] After a fi. fa. has been levied, a claim interposed under our Claim Laws, and returned to Court, the Sheriff has no right to withdraw the execution at his pleasure; but the same must be withdrawn (if at all) by leave and order of the Court, granted in his discretion. Rule, in Appling Superior Court. A fi. fa. in favor of John Riley against... |
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Cases |
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| Brantley v. West |
27 Ala. 542, Supreme Court of Alabama (June 01, 1855) |
1855 |
[BILL IN EQUITY TO HAVE ABSOLUTE SALE HELD A TRUST OR MORTGAGE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Braux v. LeBlanc |
10 La.Ann. 97, Supreme Court of Louisiana (January 01, 1855) |
1855 |
Appeal from the District Court of the parish of Assumption, Cole, J. |
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Cases |
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| Brickell v. Conner |
10 La.Ann. 235, Supreme Court of Louisiana (April 01, 1855) |
1855 |
Appeal from the District Court of Tensas. Perkins, J. |
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Cases |
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| Brister v. State |
26 Ala. 107, Supreme Court of Alabama (January 01, 1855) |
1855 |
ERROR from the Circuit Court of Bibb. Tried before the Hon. ANDREW B. MOORE. |
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Cases |
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| Broadbent v. State |
7 Md. 416, Court of Appeals of Maryland (June 01, 1855) |
1855 |
The 20th article of the bill of rights confides to the discretion of the legislature the exercise of the power to compel a party to give evidence against himself, but a just regard for the liberties of the citizen should at all times induce the most cautious and jealous exercise of it by the legislature. The courts of justice should anxiously and... |
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Cases |
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| Brookshire v. Dubose |
2 Jones Eq. 276, Supreme Court of North Carolina (December 01, 1855) |
1855 |
This case comes before us upon an appeal from an interlocutory order dissolving an injunction which had been granted upon the filing of the bill. The only facts necessary to be stated are as follows: William Brookshire died intestate, in Clarke County, Alabama, in the year 1842, and letters of administration were granted to the defendant, Abel H.... |
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Cases |
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| Brothers v. Harrill |
2 Jones Eq. 209, Supreme Court of North Carolina (December 01, 1855) |
1855 |
To convert a deed, absolute upon its face, into a security for a debt in the nature of a mortgage, so as to give a right to redeem, besides parol admissions that the deed was intended as a mere security, there must be facts, dehors the deed, inconsistent with the idea of an absolute conveyance, and proof of fraud, oppression, ignorance, or mistake,... |
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Cases |
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| Brown v. Merrick |
16 Ark. 612, Supreme Court of Arkansas (July 01, 1855) |
1855 |
When the statute of limitations has commenced running in the lifetime of the creditor, it does not stop upon his death until administration be granted on his estate-(the cases of Aikin v. Baily, 10 Ark. 583; Etter v. Finn, 12 ib. 632, and Walker et al. v. Byers, 14 Ark. 259, explained as to this point). Writ of Error to the Circuit Court of Pulaski... |
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Cases |
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| Buchanan v. Beckham |
18 Ga. 527, Supreme Court of Georgia (July 01, 1855) |
1855 |
[1.] It does not appear what was the ground on which the Court below acted, in refusing the motion. There is a ground in the case, which was sufficient to justify the refusal; and that, we are to presume, is the ground on which the Court acted. The party defendant to the motion, is not the proper party. The State should have been the defendant to... |
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Cases |
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| Buie v. Doyal |
10 La.Ann. 575, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Franklin, Barry, J. |
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Cases |
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| Buntyne v. Stone |
19 Ga. 78, Supreme Court of Georgia (September 01, 1855) |
1855 |
[1.] The bill of sale from Hay to Stone, was admitted to record upon the affidavit of John McAlister, one of the two subscribing witnesses, who swore that he saw the subscribing witness subscribe his name to the within bill of sale, and acknowledged for the within purposes. It has been thought doubtful whether, according to this phraseology, the... |
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Cases |
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| Burch v. Burch |
19 Ga. 174, Supreme Court of Georgia (November 01, 1855) |
1855 |
The Court not being unanimous, delivered their opinions seriatim. But two questions present themselves to our consideration upon this record, and I shall consider them in the order in which they were argued by Counsel. [1.] The first is, whether the defendant in error, John C. Burch, by virtue of his appointment and qualification as executor of the... |
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Cases |
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| Burckmyer v. Beach |
7 Rich.Eq. 487, Court of Appeals of Equity of South Carolina (January 01, 1855) |
1855 |
A. was the assignee, and B. the agent for the creditors, under an assignment for the benefit of creditors. The sheriff, under a judgment and execution older than the assignment, in favor of a firm of which A. was a member, the validity of which was contested by B. for the other creditors, sold the goods of the assignors, and, after a decision of... |
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Cases |
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| Burns v. Hill |
19 Ga. 22, Supreme Court of Georgia (September 01, 1855) |
1855 |
[1.] An infant may commit a fraud for which he can be made answerable civiliter. But it cannot be said to be an act of legal fraud for infants to repudiate an agreement which is not binding on them in law because of their infancy. [2.] This view is aided by the fact, that there is nothing in the record which shows, that when the infants made the... |
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Cases |
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| Burton v. Miller |
14 Tex. 299, Supreme Court of Texas (January 01, 1855) |
1855 |
Where the statute provided that if the defendant failed to deliver the property according to a forthcoming bond, the sheriff should return the bond forfeited, whereupon the clerk should issue execution against the principal and sureties on the bond for the amount of the debt and costs, it was held that after the lapse of twelve... |
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Cases |
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| Butterworth v. Kinsey |
14 Tex. 495, Supreme Court of Texas (January 01, 1855) |
1855 |
Where the plaintiff is a resident of this State it is not essential to the jurisdiction of the court, in an action in personam, that the defendant should reside or have property in this State, nor, it seems, that the cause of action should have arisen therein. (Note 74.) Where the holder of a promissory note put it in the hands of a collecting... |
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Cases |
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| Callard v. Matthews |
10 La.Ann. 233, Supreme Court of Louisiana (April 01, 1855) |
1855 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
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Cases |
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| Cannady v. People |
17 Ill. 158, Supreme Court of Illinois (December 01, 1855) |
1855 |
The only question is whether an indictment for selling whisky in a less quantity than one gallon, without a legal license to keep a grocery, is substantially defective for want of the name of the purchaser, or an allegation that he was unknown. We think not. The general averment of an illegal sale, is in this respect sufficient, and this we think... |
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Cases |
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| Carpenter v. Strother's Heirs |
16 B.Mon. 289, Court of Appeals of Kentucky (July 01, 1855) |
1855 |
This is a motion made by the purchasers of a tract of land which was sold by a commissioner, under a judgment of the Nelson circuit court, rendered in an action brought in 1852, for the sale of real estate of infants, to quash the sale, and the sale bonds executed by them, on grounds appearing in the record of said proceedings. The petition was... |
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Cases |
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| Carson v. O'Bannon |
7 Rich.Eq. 219, Court of Appeals of Equity of South Carolina (January 01, 1855) |
1855 |
By marriage settlement of wife's property, husband was entitled to receive the rents, issues, hire and profits, for the mutual benefit and support of himself and wife, but not to be in any manner subject to his debts, contracts and engagements. Husband and wife separated, and husband assigned his interest under the insolvent debtors'... |
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Cases |
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| Carter v. Bennett |
6 Fla. 214, Supreme Court of Florida (January 01, 1855) |
1855 |
1. Where all the equities of the bill are denied by the answer, it is not of course to dissolve the injunction. The granting and continuing of injunctions rest in the discretion of the court, to be governed by the nature and circum-stances of the case. 2. A judgment recovered in the State of Georgia, as to matters of evidence, is entitled to full... |
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Cases |
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| Carter v. Cantrell |
16 Ark. 154, Supreme Court of Arkansas (January 01, 1855) |
1855 |
Where the personal property of the wife is reduced to possession by her husband during the lifetime of the wife, upon her death, it descends to her heirs or representatives, and not to her husband Cox et al. v. Morrow, 14 Ark. 617. Disabilities which bring a party within the exceptions of the statute of limitation, cannot be multiplied: as where,... |
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Cases |
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| Case v. McGee |
8 Md. 9, Court of Appeals of Maryland (December 01, 1855) |
1855 |
The only question involved in this record is, whether the transcript of the will of Mary Ann Case, and the proceedings thereupon, in Warren county court, Virginia, were properly and duly authenticated, so as to make them admissible evidence in the courts of Maryland: and this involves the further inquiry, whether they are records and judicial... |
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Cases |
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| Chamberlain v. Gaillard |
26 Ala. 504, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Chambers v. State |
26 Ala. 59, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of Perry. Tried before the Hon. ANDREW B. MOORE. |
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Cases |
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| Charlotte v. Chouteau |
21 Mo. 590, Supreme Court of Missouri (October 01, 1855) |
1855 |
1. Instruments of conveyance executed in the presence of a Spanish lieutenant governor, and deposited among the archives of the Spanish government, are records of the Spanish government within ยง 13 of the act concerning evidence, (R. C. 1845, p. 469,) and copies of such archives, duly certified by the recorder in... |
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Cases |
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| Cheshire v. Payne |
16 B.Mon. 618, Court of Appeals of Kentucky (February 04, 1855) |
1855 |
John S. Cheshire and Ann Payne were married on the 22d of October, 1844. On the 15th day of the same month, Ann Payne, by a deed duly executed and recorded, conveyed to her brother, John Payne, an undivided moiety of about 260 acres of land, which they owned jointly, and upon which John Payne then resided. This deed was executed after the agreement... |
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Cases |
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| Chiles v. Bartleson |
21 Mo. 344, Supreme Court of Missouri (July 01, 1855) |
1855 |
The intention of the testator is plain enough; the whole will must be read together, and effect given to every clause of it, and the words used are to be understood in the sense indicated by the whole instrument. Our duty, in the language of our own statute, is to have regard to the true intent and meaning of the testator. The father gives his... |
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Cases |
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