Title | Citation | Year | Summary | Most Relevant | Type | Status |
State, to Use of Jones, Woodward & Co. v. Borden |
15 Ark. 611, Supreme Court of Arkansas (January 01, 1855) |
1855 |
Where a sheriff sells property, levied upon under an execution, and the purchaser refuses to pay the money bid, it is not such a sale, within the meaning of sec. 70, chap, 67, Dig., as would make the sheriff responsible for the amount. A sheriff is not responsible, as for neglect or refusal to make sale of the property levied upon under execution,... |
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Cases |
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Stewart v. Bradford |
26 Ala. 410, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Circuit Court of St. Clair. Tried before the Hon. EDMUND W. PETTUS. |
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Cases |
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Stimpson v. Fries |
2 Jones Eq. 156, Supreme Court of North Carolina (June 01, 1855) |
1855 |
A deed of trust, after registration is viewed in a different light in the Courts of this State, from what it is regarded in the English courts, and is with us considered in the nature of a mortgage. Where a deed of trust is made, leaving it discretionary with the trustee to pay such debts as he might think best and find most convenient, it was... |
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Cases |
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Stober v. McCarter |
4 Ohio St. 513, Supreme Court of Ohio (December 01, 1855) |
1855 |
In an action against an administrator for work and labor performed for the intestate, the widow of the intestate is a competent witness, at the common law, for the plaintiff, to prove the performance of such work and labor, where her testimony is not a disclosure of her husband's conversations or admissions; nor of matters, the knowledge of which... |
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Cases |
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Stockton v. Ford |
59 U.S. 418, Supreme Court of the United States (December 01, 1855) |
1855 |
THIS was an appeal from the circuit court of the United States for the eastern district of Louisiana. A full history of the transactions which led to the dispute, is given in the report of the case of Stockton v. Ford, 11 How. 232. The arguments were so connected with the facts of the case, that it is impossible to give the points by themselves. In... |
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Cases |
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Stoppenhagen v. Verdelet |
10 La.Ann. 263, 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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Stratton v. Babbage |
23 F.Cas. 225, District Court, D Massachusetts (January 01, 1855) |
1855 |
This was a libel for seamen's wages on board brig Iddo Kimball, of which the respondent was master. |
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Cases |
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Succession of Fortin |
10 La.Ann. 739, Supreme Court of Louisiana (November 01, 1855) |
1855 |
Appeal from the District CourtFourth Judicial DistrictParish of St. John Baptist, Duffel, J. |
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Cases |
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Succession of McCalop |
10 La.Ann. 224, Supreme Court of Louisiana (March 01, 1855) |
1855 |
Appeal from the District Court of West Baton Rouge, Robertson, J. |
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Cases |
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Succession of Thibodaux |
10 La.Ann. 653, 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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Sullivan v. Hadley |
16 Ark. 129, Supreme Court of Arkansas (January 01, 1855) |
1855 |
Although a deed of trust confers upon the trustee the power to sell upon failure of payment, he may resort to equity to foreclose and sell the trust property, and perhaps that would be the more appropriate course, where, by a removal of the property, the notices of sale prescribed by the trust deed could not be given. Where the complainants remedy... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Talbert v. Stone |
10 La.Ann. 537, 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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Taylor v. Wilburn |
20 Mo. 306, Supreme Court of Missouri (January 01, 1855) |
1855 |
1. Where a will is impeached for undue influence exercised over the weak intellect of the testator, the inquiry is, not merely whether an undue influence was exerted at the time of the execution of the will, but whether an undue influence had been acquired, and operated upon the testator in the disposition of his property. Appeal from Montgomery... |
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Cases |
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Teackle v. Gibson |
8 Md. 70, Court of Appeals of Maryland (December 01, 1855) |
1855 |
Many grave and important questions have been discussed with much ability by counsel in the progress of their argument, which we think the exigencies of this case do not require us to determine upon the present appeal. Whatever force there would have been in the suggestion, if made at the proper time, that a court of equity had no original... |
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Cases |
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Terrell v. Bennet |
18 Ga. 404, Supreme Court of Georgia (July 01, 1855) |
1855 |
[1.] This case comes up rather singularly. Various request to charge were made and refused, and sundry charges were given. To all of which the defendant excepted. A verdict having been rendered for the plaintiff, the defendant moved for a new trial on all the refusals to charge, as well as on account of all the charges as given. The Court granted a... |
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Cases |
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The Larch |
3 Ware 28, District Court, D Maine (August 01, 1855) |
1855 |
In admiralty. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
The Porpoise |
2 Curt.C.C. 307, Circuit Court, D Massachusetts (May 01, 1855) |
1855 |
Appeal from the district court of the United States for the district of Massachusetts. In admiralty. |
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Cases |
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Theurer v. Schmidt |
10 La.Ann. 125, Supreme Court of Louisiana (February 01, 1855) |
1855 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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Thomas v. Womack |
13 Tex. 580, Supreme Court of Texas (January 01, 1855) |
1855 |
We do not think the objection to the service well taken. The clerk is required to furnish a certified copy of the petition for the convenience of the sheriff in making service. (Hart. Dig., art. 674.) His certificate is evidence to the sheriff that it is a copy without a comparison. But it is no part of the copy of the petition. The statute... |
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Cases |
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Thompson v. Meek |
3 Sneed (TN) 271, Supreme Court of Tennessee (September 01, 1855) |
1855 |
The facts of this case, as presented in the pleadings and proof, are as follows: In the year 1841 a number of persons residing in the neighborhood of Strawberry Plains voluntarily agreed to establish a school or academy, for the common benefit of that local community. The complainants, Thompson, Maulden, and Adams, together with the defendants,... |
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Cases |
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Tittle v. Thomas |
1 George 122, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
1. PROMISSORY NOTE: PAYEE.Where a bill or note is not payable to bearer, it must show on its face who is to be the payee, either expressly and formally by name, or by such designation as certainly identifies the person intended; otherwise the instrument is not a bill or note. Story on Prom. Notes, ยงยง 35, 36; Bayley on Bills, 29,... |
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Cases |
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Tooley v. Lucas |
3 Jones (NC) 146, Supreme Court of North Carolina (December 01, 1855) |
1855 |
The only question presented by this case is, as to the competency of the testimony offered by the plaintiff, to prove the bill of sale from Tooley to Creedle. The defendant objected to the evidence, upon the ground, that it did not appear that the deed ever had been proved and recorded. To the legislative department of the government, belongs the... |
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Cases |
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Towns v. Harris |
13 Tex. 507, Supreme Court of Texas (January 01, 1855) |
1855 |
This is an action to try title, in which the appellant was plaintiff in the court below, and the appellees were the defendants. The petition was filed 16th October, 1846, and states that on the 1st day of January, 1846, the plaintiff was legally seized and possessed of one thousand acres of land in Brazoria county, which is particularly described;... |
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Cases |
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Trammell v. Trammell |
15 Tex. 291, Supreme Court of Texas (January 01, 1855) |
1855 |
This is a motion to dismiss the appeal on the ground that there is no sufficient appeal bond, as required by the statute; and the question is, Has the appellant complied with the provision of the statute which requires the party appealing to give bond with two or more sureties, to be approved by the clerk? (Hart. Dig. art. 789.) It cannot be... |
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Cases |
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Traun v. Wittick |
27 Ala. 570, Supreme Court of Alabama (June 01, 1855) |
1855 |
[AMENDMENT OF JUDGMENT ON VERDICT NUNC PRO TUNC.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. MOORE. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Tunnard v. Hill |
10 La.Ann. 247, Supreme Court of Louisiana (April 01, 1855) |
1855 |
Appeal from the Seventh District Court of East Feliciana, Sterling, J. |
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Cases |
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Tupper v. Fuller |
7 Rich.Eq. 170, Court of Appeals of Equity of South Carolina (January 01, 1855) |
1855 |
Where husband and wife have a joint interest in property, under marriage settlement, with remainder to issue, &c., necessaries furnished for the family are a charge against the husbandnot against the trust estateand the creditor can subject only the husband's interest to his demand. Demands for the food and clothing of... |
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Cases |
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Turney v. Morrow |
26 Ala. 339, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Chancery Court of Morgan. Heard before the Hon. E. D. TOWNES. |
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Cases |
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U S ex rel Wheeler v. Williamson |
3 Am. Law Reg. 729, District Court, ED Pennsylvania (July 27, 1855) |
1855 |
On the 18th day of July last, the Hon. John H. Wheeler, U. S. minister to Nicaragua, made application to the United States court for this district for a writ of habeas corpus, to be directed to one Passmore Williamson. The petition of Mr. Wheeler, verified by affidavit, was presented by his counsel, Mr. J. C. Vandyke, district attorney of the... |
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Cases |
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U S ex rel Wheeler v. Williamson |
4 Am. Law Reg. 5, District Court, ED Pennsylvania (October 12, 1855) |
1855 |
After the proceedings in this case as reported [Case No. 16,725], no further steps were taken in this court on the part of the defendant, until Wednesday, October 3, 1855, when Mr. Townsend and Mr. John M. Read, presented to the court a paper purporting to be the suggestion and petition of Jane Johnson; on which they moved for a rule to show... |
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Cases |
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U.S. v. Bird |
1 Spr. 299, District Court, D Massachusetts (July 01, 1855) |
1855 |
This indictment alleged an offence to have been committed on the high seas, and that the prisoner was first brought into the district of Massachusetts. Questions of jurisdiction arose upon the evidence. The counsel for the prisoner contended, that the offence, if any, was committed on the Mississippi river, and within the state of Louisiana; and... |
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Cases |
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U.S. v. Booth |
59 U.S. 477, Supreme Court of the United States (December 01, 1855) |
1855 |
The court proceed to dispose of the motion made by the attorney general to docket the case of The United States v. Booth, to stand for argument in this court at the next term. In support of this motion he has produced a copy of the record of the proceedings in the supreme court of Wisconsin in the above-mentioned case, certified by the clerk under... |
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Cases |
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Underwood v. Lacapere |
10 La.Ann. 766, Supreme Court of Louisiana (December 01, 1855) |
1855 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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Union Bank of Louisiana v. Beatty |
10 La.Ann. 361, Supreme Court of Louisiana (May 01, 1855) |
1855 |
Appeal from the Fifth District Court, Parish of Lafourche, Randall, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Union Bank v. Lobdell |
10 La.Ann. 130, Supreme Court of Louisiana (February 01, 1855) |
1855 |
Appeal from the District Court of the Parish of West Baton Rouge, Robertson, J. |
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Cases |
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Union Bank v. Wilson |
10 La.Ann. 601, Supreme Court of Louisiana (July 01, 1855) |
1855 |
Appeal from the District Court of Ouachita, R. W. Richardson, J. |
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Cases |
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Unis v. Charlton's Adm'r |
12 Gratt. 484, Supreme Court of Appeals of Virginia (August 24, 1855) |
1855 |
1. A deposition is taken by a plaintiff in another state, to be read as evidence in a cause depending here; and the justices certify that the defendants appeared by counsel and cross-examined the witness: And the deposition shows that counsel professing to represent the defendants, did appear and cross-examine the witness. It does not appear,... |
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Cases |
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University of North Carolina v. Maultsby |
2 Jones Eq. 241, Supreme Court of North Carolina (December 01, 1855) |
1855 |
The plaintiffs file a special replication by way of confession and avoidance. The new matter, is the fact that, since the decree in the former case, the Legislature has conferred upon the plaintiffs the right to all such property as that in question. That the Legislature has power to transfer funds from one agency to another, is settled by the... |
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Cases |
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Van de Casteele v. Cornwall |
5 Cal. 419, Supreme Court of California (October 01, 1855) |
1855 |
An instrument not under seal, is not the character of security which is required by the statute to be given by Notaries Public. If such an instrument be considered as a good contract at common law, yet, as it is payable to the State, and not assigned to the plaintiff, the latter has no right of action in his own name. APPEAL from the District Court... |
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Cases |
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Veasey v. Graham |
17 Ga. 99, Supreme Court of Georgia (January 01, 1855) |
1855 |
[1.] A deed made by the President, and countersigned by the Cashier of the late Bank of Hawkinsville, is a good conveyance of land. [2.] The law looks with suspicion upon a contract made between the trustee and cestui que trust; and with still more odium upon a purchase made from himself, as trustee; still, such contracts are not absolutely void,... |
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Cases |
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Virginia v. Himel |
10 La.Ann. 185, Supreme Court of Louisiana (March 01, 1855) |
1855 |
Appeal from the District Court of the parish of Assumption, Cole, J. |
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Cases |
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Viser v. Bertrand |
16 Ark. 296, Supreme Court of Arkansas (July 01, 1855) |
1855 |
Where instructions have been refused, in the words asked for, though legal and appropriate to the case, yet the party has no cause of complaint if the court give other instructions, the same in substance. Where a question arises, in an action of assumpsit for money paid, whether the payment was on account of an agreement to compound a divorce suit... |
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Cases |
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Wade v. Russell |
17 Ga. 425, Supreme Court of Georgia (February 01, 1855) |
1855 |
Whatever kind of estate it was, which the testator intended to create in the daughters, he intended to create it in them, whether they ever married or not. This is clear. And therefore, it cannot be said, that he intended only a separate estate in them. Such an estate could only exist in them, in case they married. Indeed, the words of the will are... |
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Cases |
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Walker v. Cook |
17 Ga. 126, Supreme Court of Georgia (January 01, 1855) |
1855 |
[1.] By the Statute of 1854, the Courts are required to receive a material amendment, at any stage of the cause. Where a demurrer to a bill is over-ruled and the bill sustained, the decision taken up by writ of error, and the judgment reversed: Held, that where the case is remitted generally, it is in a stage of the... |
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Cases |
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Walker v. Hunter |
17 Ga. 364, Supreme Court of Georgia (February 01, 1855) |
1855 |
[1.] If it is the rule of the Ecclesiastical Courts of England, that the evidence of as many as two witnesses is necessary to prove the execution of a will, be the circumstances what they may, it is not the rule of any of the Courts of this State. [2.] Although a person has a right, and it is lawful for him to move a testator, to make him his... |
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Cases |
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Walker v. Walker |
26 Ala. 262, Supreme Court of Alabama (January 01, 1855) |
1855 |
APPEAL from the Court of Probate of Macon. |
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Cases |
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Walker v. Wootten |
18 Ga. 119, Supreme Court of Georgia (May 01, 1855) |
1855 |
[1.] The motion to dismiss the pleas was properly over-ruled. When the representative of a deceased party to a suit, succeeds to that party's place in the suit, he, of course, succeeds to that party's rights. Whatever pleas, therefore, Thomas Wootten could have filed, if he had not died, his administrators after, they succeeded to his place, could... |
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Cases |
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Wall v. Wall |
1 George 91, High Court of Errors and Appeals of Mississippi (December 01, 1855) |
1855 |
1. PROBATE COURT: JURISDICTION.-The Probate Court has jurisdiction to set aside the probate of a will, upon petition of those interested, without awarding an issue of devisavit vel non, to be tried by a jury. 2. PROBATE OF A WILL: EFFECT OF.-The probate of a will, in common form, upon the ex parte application of the executor, is merely an incipient... |
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Cases |
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Wallis v. Beauchamp |
15 Tex. 303, Supreme Court of Texas (January 01, 1855) |
1855 |
The defendant in error, John J. Beauchamp, had recovered judgment on a note against Joseph Wallis, one of the plaintiffs in error, and this is a suit to enforce satisfaction of the judgment, out of some property in the hands of the other plaintiff in error, John C. Wallis, on the alleged ground of its being held in trust for the discharge of this... |
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Cases |
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Wallis v. Robertson |
10 La.Ann. 215, Supreme Court of Louisiana (March 01, 1855) |
1855 |
This case was brought on one of the notes given by the defendant for the price of Fanny and her children, in which, according to the decree rendered in the suit of J. E. Robertson v. Sarah Wallis, the defendant in this suit is entitled to a credit only of one hundred dollars. The court below allowed a larger credit on account of redhibitory vices... |
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Cases |
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