TitleCitationYearSummaryMost RelevantTypeStatus
Ward v. Saunders 3 Sneed (TN) 387, Supreme Court of Tennessee (December 01, 1855) 1855 This case has already been before this court, and is reported in 2 Swan, 174. It was there decided that the proper construction of the sixth clause of the will of Mary H. Bowen was that Levisa Saunders and the other legatees of the property mentioned in the will took a life estate, only, in the property, and that the codicil only designated what...   Cases  
Watkins v. Gibbins 10 La.Ann. 142, Supreme Court of Louisiana (February 01, 1855) 1855 Appeal from the District Court of the Parish of Point Coupée, Cooley, J.   Cases  
Watson v. Hutto 27 Ala. 513, Supreme Court of Alabama (June 01, 1855) 1855 [MOTION TO QUASH EXECUTION AND ENTER SATISFACTION OF DECREE.] APPEAL from the Court of Probate of Henry.   Cases  
Watson v. McEachin 2 Jones (NC) 207, Supreme Court of North Carolina (June 01, 1855) 1855 Where College buildings, the title of which is in the Trustees, are partly occupied for College purposes by the students and teachers of the College, a Steward who occupies another part of these buildings, without showing a lease, must be considered as the mere servant of the proprietors and liable to be expelled by force. ACTION of TRESPASS, tried...   Cases  
Webb v. Weeks 3 Jones (NC) 279, Supreme Court of North Carolina (December 01, 1855) 1855 George Zollicoffer, by the fourth clause of his will, devises as follows: Item, my will and desire is, that all the rest of my estate both real and personal, &c., shall be equally divided between my beloved wife, Anne Zollicoffer, and my five children, John Jacob Zollicoffer, George Zollicoffer, Julius H. Zollicoffer, and Ann T. Zollicoffer; and...   Cases  
Wellborn v. Weaver 17 Ga. 267, Supreme Court of Georgia (February 01, 1855) 1855 [1.] A new trial will not be granted because the verdict of the Jury is contrary to the charge of the Court, if the verdict be according to law, and the charge against it. [2.] To make the saving in the Statute of Limitations, in favor of femes coverts available, they must be actually married at the time the right of action accrues. [3.] Marriage...   Cases  
Wells v. Roach 10 La.Ann. 543, Supreme Court of Louisiana (July 01, 1855) 1855 Appeal from the District Court of Caddo, Spofford, J.   Cases  
Wells v. Treadwell 6 Cushm. 717, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 It has been settled by this court, that a deed of gift directly from a husband to his wife, where there is no ground to suspect fraud, and it only amounts to a reasonable provision for the wife, is valid in equity against the claim of the husband or his representatives. Ratcliffe v. Dougherty, 24 Miss. R. 181;Warren v. Brown, 25 Ib. 66. Held, that...   Cases  
West v. Williams 15 Ark. 682, Supreme Court of Arkansas (January 01, 1855) 1855 West and others exhibited their bill in chancery, against Williams and others, for the recovery of a tract of land, and as the rents and profits of the same, from the death of Eugene L. H. Williams. The land in controversy, was originally owned by Lewis C. Taylor, who, by his last will and testament, devised it in fee to his wife, Mrs. Elizabeth M....   Cases  
White v. Hill 10 La.Ann. 189, Supreme Court of Louisiana (March 01, 1855) 1855 Appeal from the District Court of the Parish of East Feliciana, Merrick, J.   Cases  
White v. Kavanagh 8 Rich. 377, Court of Errors of South Carolina (May 01, 1855) 1855 K. purchased land, paid part of the purchase-money, and gave his note for the balance, with C. as surety. The conveyance was made to C. who on the same day signed a paper promising that, when relieved from his liability as surety, he would make such conveyance of the land as K. should direct. K. afterwards paid the note, and, by his direction, C....   Cases  
Wiley v. Knight 27 Ala. 336, Supreme Court of Alabama (June 01, 1855) 1855 [BILL FOR INJUNCTION BY MORTGAGEE AGAINST JUDGMENT CREDITORS OF MORTGAGOR.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK.   Cases  
William & Mary College v. Powell 12 Gratt. 372, Supreme Court of Appeals of Virginia (May 15, 1855) 1855 (Absent ALLEN, P.) 1. A post nuptial settlement is made by a husband upon his wife. The wife afterwards dies; and then a bill is filed by a creditor of the husband, against her children, to set aside the settlement as fraudulent as to the creditor. The husband is not a competent witness to prove the consideration upon which the settlement was made....   Cases  
Williams v. Allen 17 Ga. 81, Supreme Court of Georgia (January 01, 1855) 1855 [1.] The gift to the trustee, in this case, for the use, &c. of Jane Wood, and the heirs of her body, if any is in such terms as will pass an estate tail, by the Statue De donis conditionalibus, &c. unless there is something else in the instrument, to show that the giver used the words heirs of the body, to designate certain individuals answering...   Cases  
Williams v. Edwards 15 Tex. 41, Supreme Court of Texas (January 01, 1855) 1855 A promise in writing, to pay money, for value received, will sustain an action without alleging the particular consideration of the promise. [11 Tex. 415; 16 Tex. 559.] See this case as to the diligence to obtain the attendance of a witness who resides in the county, necessary where a continuance is moved on account of the absence of such witness;...   Cases  
Williams v. Langford 15 B.Mon. 566, Court of Appeals of Kentucky (July 01, 1855) 1855 It is manifest that the proof does not show payment of all the installments provided for in the covenant down to the death of Williams. So far, therefore, as full payment or covenants performed, is relied upon in the answer, the defense was not sustained by the testimony. (1.) The answer sets out three matters of defense, to-wit: payment,...   Cases  
Williamson v. Chamberlain 10 N.J. Eq. 373, Court of Chancery of New Jersey (May 01, 1855) 1855 Amos Hoagland died in 1807. By his will, he disposed of his property as follows: It is my will that my executors shall dispose of so much of my personal property, at public or private sale, as will enable them to discharge the aforesaid debts and funeral charges, and likewise forty dollars, which I give to my beloved wife for her immediate use;...   Cases  
Wilson v. Adams 15 Tex. 323, Supreme Court of Texas (January 01, 1855) 1855 A plea stating facts to show that the suit is not commenced in the proper county must be supported by affidavit, unless the truth thereof appears of record. [20 Tex. 211.] Affidavit must be made to the truth of a plea in abatement (not to the jurisdiction of the court), not to the best of the knowledge and belief of the affiant, but to his actual...   Cases  
Wilson v. Brown's Adm'r 21 Mo. 410, Supreme Court of Missouri (July 01, 1855) 1855 Hamilton, as administrator of the estate of Wm. Brown, deceased, made application to the county court of Jasper county, for the sale of lands of said estate, for the payment of debts. An order was made directing the sale of certain lands, or so much thereof as might be necessary for the payment of the debts of the estate. The administrator made...   Cases  
Wilson v. Hamilton 4 Ohio St. 722, Supreme Court of Ohio (December 01, 1855) 1855 A ferryman, occupying a position in a line of public travel, and holding himself out for general employment, is a common carrier. His responsibility for the safe delivery of living animals transported by him, is the same as that in relation to the carriage of other property. it is the duty of the owner delivering property to a carrier which he...   Cases  
Windham v. State 26 Ala. 69, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Pickens. Tried before the Hon. GEO. D. SHORTRIDGE.   Cases  
Wolf v. Lowry 10 La.Ann. 272, Supreme Court of Louisiana (April 01, 1855) 1855 Appeal from the District Court of the parish of Madison, Snyder, J.   Cases  
Wood v. Ford 7 Cushm. 57, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 As a general rule, that distribution of the estate of a deceased person must be made by the probate court, and through the medium of an administrator or executor; yet there are cases in which a court of chancery will exercise jurisdiction, and one of the cases is, where no administration has been granted in this State. Held, that in such a case, a...   Cases  
Wood v. Simmons 20 Mo. 363, Supreme Court of Missouri (January 01, 1855) 1855 1. Upon a sentence of divorce, a wife becomes entitled to all choses in action not previously reduced into possession by the husband, as by survivorship upon the death of the husband. 2. A particular assignment for value by husband and wife of the wife's reversionary interest in a chattel, expectant on the death of a tenant for life, does not...   Cases  
Woolfolk v. Beatly 18 Ga. 520, Supreme Court of Georgia (July 01, 1855) 1855 [1.] Is the complainant entitled to the injunction prayed for, and which was refused by the Circuit Judge? The case makes it necessary to construe the will of Andrew McNeely, deceased. For if his widow, Esther McNeely, took a life estate in Chloe, then the right of the plaintiffs in trover, to sue, did not accrue till her death; and the bill does...   Cases  
Wootton v. Redd's Ex'r 12 Gratt. 196, Supreme Court of Appeals of Virginia (March 02, 1855) 1855 1. In expounding a will the court will make the amplest allowance for the unskillfulness and negligence of the testator; technical informalities will be disregarded; the most perplexing complication of words and sentences will be carefully unfolded; and the traces of the testator's intention will be diligently sought out in every part of the...   Cases  
Wright v. Morris 15 Ark. 444, Supreme Court of Arkansas (January 01, 1855) 1855 Joshua Morrison, the administrator of the estate of Thomas Trulove, deceased, brought his action in assumpsit, in the Lafayette circuit court against Morehead Wright, charging him in a common indebitatus count for services rendered by Trulove, as overseer for Wright. From the evidence preserved upon the record in the bill of exceptions, the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Wright v. W.B. Greenwood & Co. 17 Ga. 418, Supreme Court of Georgia (February 01, 1855) 1855 [1.] We are not prepared to say, that this verdict is contrary to the evidence. At all events, we are satisfied, that it is not so decidedly and strongly against the weight of evidence, as to authorize an interference with the verdict of the Jury. [2.] The newly discovered testimony, which was presented upon the motion for a new trial, is, in its...   Cases  
Wyatt v. Steele 26 Ala. 639, Supreme Court of Alabama (January 01, 1855) 1855 APPEAL from the Circuit Court of Lowndes. Tried before the Hon. JOHN GILL SHORTER.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Wynn v. Garland 16 Ark. 440, Supreme Court of Arkansas (July 01, 1855) 1855 The land in controversy between these parties, is the northeast quarter of section eighteen, township sixteen south, of range twenty-five west. It is on the south side of Red River, in Lafayette county. The bill was filed in the circuit court of that county, by Wynn against Garland, to enjoin him from proceeding at law to recover the possession of...   Cases  
Wynn v. Morris 16 Ark. 414, Supreme Court of Arkansas (July 01, 1855) 1855 Before any claimant can question the sufficiency of the title of a pre-emptor of the public lands of the United States, to whom a patent has been issued by the Government, he must show such title in him-self as but for the interference of such pre-emption would entitle him to the land in controversy. Such title is not shown by proof that the...   Cases  
Wynn v. Wilson Hempst. 698, Circuit Court, D Arkansas (March 26, 1855) 1855 Application for injunction on bill in chancery, to the Hon. PETER V. DANIEL, Associate Justice of the Supreme Court of the United States, at chambers, in Washington City. The bill alleged, that on the 22d April, 1854, Samuel S. Wilson, son of James H. Wilson, recovered judgment for two thousand nine hundred eighty dollars and forty-six cents; that...   Cases  
Young v. Egan 10 La.Ann. 415, Supreme Court of Louisiana (June 01, 1855) 1855 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Young v. Epperson 14 Tex. 618, Supreme Court of Texas (January 01, 1855) 1855 This case has been twice before this court. (2 Tex. R., 417; 8 Id., 135.) It appears now on different grounds from any assumed at the former trials. After the cause was remanded a second time the defendant pleaded the statute of limitations, and his infant son, William H. Young, intervened and pleaded property in himself through his mother to the...   Cases  
Abercrombie v. Allen 29 Ala. 281, Supreme Court of Alabama (June 01, 1856) 1856 [ACTION ON CONTRACT TO RECOVER OVERSEER'S WAGES.] APPEAL from the Circuit Court of Perry. Tried before the Hon. ANDREW B. MOORE.   Cases  
Abraham v. Wilkins 17 Ark. 292, Supreme Court of Arkansas (January 01, 1856) 1856 Where another person signs the name of the testator to his will, thus: A. B. by C. D., in his presence and at his request, without other signing as a witness to the will, it is a sufficient attestation, under secs. 4 and 5, chap. 170, Digest, though not a literal compliance with the statute. The declarations of a deceased attesting...   Cases  
Addison v. Addison 9 Rich.Eq. 58, Court of Appeals of Equity of South Carolina (November 01, 1856) 1856 Testator devised and bequeathed real and personal estate to trustees, for the sole benefit of my son, J. A., during his natural life. But if my said son, J. A., should die without leaving any child or children, or representatives of child or children, in that case my will is, that the above property be equally divided between my son, G. A., and my...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Akin v. Anderson 19 Ga. 229, Supreme Court of Georgia (January 01, 1856) 1856 [1.] The Court below considered the special verdict as intending to say that a partition of the land had been made by the brother and sister, William Williams and Susan Williams, between themselves, at some time before William's death. Whether this is the true interpretation of the verdict or not, seems to admit of a doubt. But a doubt is not...   Cases  
Aldrich v. Maitland 4 Mich. 205, Supreme Court of Michigan (January 01, 1856) 1856 Where the purchaser at sheriff's sale, by a fraudulent combination with the sheriff and judgment debtor to prevent competition at the sale, is enabled to purchase property at much less than its value, the sale will be held void as against creditors. Where a junior execution creditor becomes the purchaser of chattels, before fraudulently sold upon a...   Cases  
Anderson v. Stille 12 La.Ann. 669, Supreme Court of Louisiana (August 01, 1856) 1856 Appeal from the District Court of St. Landry, Dupré, J.   Cases  
Andrews v. Andrews 28 Ala. 432, Supreme Court of Alabama (January 01, 1856) 1856 [BILL IN EQUITY BY WIFE AGAINST HUSBAND FOR SPECIFIC PERFORMANCE OF POST-NUPTIAL AGREEMENT.] APPEAL from the Chancery Court of Limestone. Heard before the Hon. A. J. WALKER.   Cases  
Andrews v. Brumfield 3 George 107, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. EXECUTOR AND ADMINISTRATOR: INTEREST OF ADMINISTRATOR AND DISTRIBUTEE IN THE ESTATE.-The legal title to a decedent's property is vested in the administrator for certain special purposes-for collecting and preserving the assets, paying the debts, and for distribution. Subject to this, the whole interest in the estate vests, immediately on his...   Cases  
Andrews v. Jones 3 George 274, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. HUSBAND AND WIFE: WIFE'S DISPOSITION OF HER SEPARATE ESTATE.The provisions of the statutes of 1839 and 1846, which empower a feme covert to dispose of her separate estate, in the mode therein prescribed, do not apply to a case where the wife did not acquire her separate estate under those acts. 2. SAME.A feme covert, as regards the...   Cases  
Anthony v. Peay 18 Ark. 24, Supreme Court of Arkansas (July 01, 1856) 1856 The heir cannot maintain a suit, in equity or at law, for the unpaid purchase money of land sold by his deceased ancestor, though there may have been no administration on his estate. (Lemon's heirs v. Rector et al, 15 Ark. Rep 436.) It is a fatal defect in a decree for the purchase money of land sold by a person since deceased and for which the...   Cases  
Armstrong v. Armstrong 3 George 279, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. HUSBAND AND WIFE: DIVORCE: ADMISSIONS OF HUSBAND WHEN EVIDENCE.-The admissions of the husband alone are not sufficient to establish the charge of adultery; but if supported by other proof, or corroborated by circumstances clearly proven, they are competent, and sufficient to justify a decree for a divorce a vinculo. 1 Johns. Ch. R. 198. 2. SAME:...   Cases  
Arnold v. Barrow's Ex'or Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1856) 1856 In September, 1836, the appellant executed his bond to his father-in-law, William Barrow, for the sum of $1,000. Barrow died without having collected the amount due on the bond, or any part thereof, either of principal or interest. His will bears date August 31st, 1841, and was recorded May the 6th, 1848. After which time, Benjamin Barrow, the...   Cases  
Arnoult v. City of New Orleans 11 La.Ann. 54, Supreme Court of Louisiana (January 01, 1856) 1856 Appeal from the Fourth District Court of New Orleans, Reynolds, J.   Cases  
Ashford v. Tibbitts 11 La.Ann. 167, Supreme Court of Louisiana (March 01, 1856) 1856 Appeal from the District Court, Sixth District, Parish of East Baton Rouge, Robertson, J.   Cases  
Ashley v. Robinson 29 Ala. 112, Supreme Court of Alabama (June 01, 1856) 1856 [DEBT ON JUDGMENT--PLEA OF BANKRUPTCY--DISCHARGE IMPEACHED FOR FRAUD.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. JOHN GILL SHORTER.   Cases  
Averett v. Brady 20 Ga. 523, Supreme Court of Georgia (June 01, 1856) 1856 [1.] In an action for mesne profits for a ferry landing, it is proper, in estimating the damages, to consider the proceeds of the ferry, deducting the expenses of fitting it up and carrying it on, and making due allowance for all risks and expense, especially when the defendant is a trespasser. [2.] While it is the duty of the Court to charge the...   Cases  
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