| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Matheny v. Golden |
5 Ohio St. 361, Supreme Court of Ohio (December 01, 1856) |
1856 |
Where the state, by an act incorporating the Ohio University, vested in that institution two townships of land for the support of the university and instruction of youth, and in the same act authorized the university to lease said lands for ninety-nine years, renewable forever, and provided that lands thus to be leased, should forever thereafter be... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Matheson v. Hearin |
29 Ala. 210, Supreme Court of Alabama (June 01, 1856) |
1856 |
[BILL IN EQUITY, BY PURCHASER OF LAND AT SALE UNDER ORDER OF ORPHANS' COURT, AGAINST HEIRS-AT-LAW, TO ENJOIN ACTION AT LAW, AND TO OBTAIN TITLE.] APPEAL from the Chancery Court of Mobile. Heard before the Hon. WADE KEYES. |
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Cases |
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| Mathis v. Hammond |
9 Rich.Eq. 137, Court of Appeals of Equity of South Carolina (November 01, 1856) |
1856 |
An assigment, for good consideration, (natural love and affection,) by unsealed instrument, of the assignor's distributive share of an intestate's estate, held valid-the assignor having acquired possession under the assignment. Testator made his will by which he devised and bequeathed one-fifth part of his estate to his son G. absolutely. After... |
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Cases |
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| Maxwell v. Craft |
3 George 307, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. EXECUTOR AND ADMINISTRATOR: POWER OF, TO EXECUTE REFUNDING BOND.-The administrator of a deceased distributee may execute a refunding bond, so as to entitle him to receive the distributive share of his intestate, before final settlement. 2. SAME: DISTRIBUTION: WHEN PROPER TO A DECEASED DISTRIBUTEE'S HEIR.-If a distributee die before receiving his... |
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Cases |
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| Mayes v. Schmidt |
11 La.Ann. 476, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| McCall v. Henderson |
11 La.Ann. 209, Supreme Court of Louisiana (March 01, 1856) |
1856 |
Appeal from the District Court, Tenth District, Parish of Tensas, Snyder, J. |
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Cases |
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| McCloskey v. Cyphert |
27 Pa. 220, Supreme Court of Pennsylvania (January 01, 1856) |
1856 |
Where the real and personal estate of a debtor was sold at sheriff's sale, and his minor son, who had been emancipated by the father from his control, took a lease of the land, and the father and his family continued to reside with the son on the land, and the son acquired property by gift and by his own industry: it was held, that such property... |
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Cases |
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| McCutchen v. Miller |
2 George 65, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. LIS PENDENS: RULE AS TO PURCHASERS.-It is well established, that the purchaser of property pendente lite is bound by the decree, in all cases where the title to the property is adjudged to be in the complainant, or where, at the date of the decree, he has a subsisting lien on the property, created either by operation of law, or by contract, and... |
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Cases |
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| McDaniel v. Baskerville |
13 Gratt. 228, Supreme Court of Appeals of Virginia (March 08, 1856) |
1856 |
It seems to the court, that as by the terms of the deed of marriage settlement of the 9th of November 1831, it is made the duty of the trustee Dortch, in case of the death of Mrs. McDaniel occurring before that of the appellant, to pay and deliver over all of the property in said deed embraced, according to her last will and testament; and as by... |
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Cases |
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| McFarland v. Wofford |
16 Tex. 602, Supreme Court of Texas (January 01, 1856) |
1856 |
This suit was brought against the defendants on the following promissory note, viz.: Six months after date, the subscriber, resident in Elizabeth, county of Fannin, state of Texas, promises to pay to the order of McFarland, Evans & Co., twenty-three hundred and fifty-one 85-100 dollars, without defalcation; value received. The petition alleges that... |
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Cases |
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| McGowen v. Bush |
17 Tex. 195, Supreme Court of Texas (January 01, 1856) |
1856 |
Where it appeared that the note sued on was given in settlement of a charge of crim. con. under duress produced by threats of great bodily harm and deprivation of property, and that the plaintiff to whom the note had been assigned had notice, it was held that the suit could not be sustained. It would seem that where the note sued on is shown by the... |
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Cases |
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| McKnight v. Wilson |
2 Jones Eq. 491, Supreme Court of North Carolina (August 01, 1856) |
1856 |
The demurrer to the bill raises at once the question whether the plaintiff has therein stated a case which entitles him to the aid of this Court. The plaintiff, by allowing himself to be substituted in the place of Sidney X. Johnston, the trustee named in the will, has assumed all the duties, and become liable to all the responsibilities, which the... |
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Cases |
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| McLellan v. Williams |
11 La.Ann. 721, Supreme Court of Louisiana (December 01, 1856) |
1856 |
Appeal from the Third District Court of New Orleans, Kennedy, J. |
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Cases |
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| McMaster v. Stewart |
11 La.Ann. 546, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the Sixth District Court of New Orleans, Cotton, J. |
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Cases |
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| McNish v. Pope |
8 Rich.Eq. 112, Court of Appeals of Equity of South Carolina (January 01, 1856) |
1856 |
C. L. and J. H. were appointed trustees upon their giving security, and the trust estate, land, was ordered to be sold. At the sale C. L. became the purchaser for $1500. He and J. H. then gave bond as trustees, and the commissioner conveyed to him the land taking his receipt, as trustee, for the purchase money. On the same day he mortgaged the... |
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Cases |
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| Mercein v. Burton |
17 Tex. 206, Supreme Court of Texas (January 01, 1856) |
1856 |
The legal proposition that a vendee, under a conveyance fraudulent against creditors, in the actual adverse possession of personal property for more than two years from the date of the judgment of the creditor, can claim the protection of limitation, is sound both on principle and authority. An execution is not a lien on personal property from the... |
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Cases |
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| Messner v. Hutchins |
17 Tex. 597, Supreme Court of Texas (January 01, 1856) |
1856 |
Where the ground of attachment is that the defendant secretes himself, so that the ordinary process of law cannot be served on him, it is not necessary to add that the plaintiff will thereby probably lose his debt. [19 Tex. 297.] It would seem that the objection that the person who made the affidavit, or executed the bond for attachment, as the... |
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Cases |
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| Meyer Vs. V.S. |
, United States Court of Claims (July 28, 1856) |
1856 |
In the years 1850, 1852, and 1853, the petitioners imported into New York divers quantities of carbonate of ammonia. The collector exacted a duty of twenty per cent. thereon, and the same was paid by the petitioners. In 1850 they imported by the ship Southampton ammonia to the value of $430, and paid for duties thereon $86: the payment was made on... |
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Cases |
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| Miller v. Cherry |
3 Jones Eq. 24, Supreme Court of North Carolina (December 01, 1856) |
1856 |
1. Where there is a provision in a deed of trust, that certain debts, naming them, are to be paid, and a further provision, that the debts shall be paid as they fall due, and some of the enumerated debts are due at the time of making the deed of trust, these latter are to be paid. 2. Where a surety assents to a deed of trust, which gives him a... |
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Cases |
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| Miller v. Chittenden |
2 Clarke 315, Supreme Court of Iowa (June 01, 1856) |
1856 |
Where a party has actual notice of the existence of a deed, he is affected by it, even though no certificate of acknowledgment is indorsed on the deed. Where in an action for the partition of real estate, the plaintiff made certain parties defendants, set out their pretended claim to the land, averring that said claim was a cloud upon his title,... |
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Cases |
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| Miltenberger v. Elam |
11 La.Ann. 667, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Catahoula, Barry, J. |
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Cases |
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| Mississippi Cent. R. Co. v. Harkness |
3 George 203, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
EXECUTION: APPROPRIATION OF VOLUNTARY PAYMENTS ON.The ninth section of the Enrolment Act of 1844, (Hutch. Dig. 892,) which directs the sheriff to apply the proceeds of a sale of property made by him, to the oldest enrolled judgment against the defendant in execution, has no application to voluntary payments made by the defendant to the... |
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Cases |
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| Mitchell v. Clagett |
9 Md. 42, Court of Appeals of Maryland (June 01, 1856) |
1856 |
Where the ruling of the court below, excepted to, sustained the sufficiency of a release to restore the competency of a witness, if it appears the witness was competent, this ruling as to the form of the release is immaterial, as the appellant has sustained no injury thereby. To disqualify a witness on the ground of interest, that interest must not... |
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Cases |
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| Mitchell v. Denson |
29 Ala. 327, Supreme Court of Alabama (June 01, 1856) |
1856 |
[BILL IN EQUITY BY DISTRIBUTEES FOR ACCOUNT AND DISTRIBUTION OF PROPERTY BEQUEATHED TO WIDOW FOR LIFE WITH POWER OF DISPOSITION.] APPEAL from the Chancery Court of Barbour. Heard before the Hon. WADE KEYES. |
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Cases |
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| Mitchell v. Walker |
17 B.Mon. 61, Court of Appeals of Kentucky (July 01, 1856) |
1856 |
The only real question in this case is, whether the title shown to have been in Stephen Walker at his death in 1817, and therefore subject to be disposed of by his will, was in fact so disposed of by the devise in which, giving to his wife various articles and species of property during her life, he uses, in the midst of the emuneration, the words,... |
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Cases |
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| Montgomery v. Henderson |
3 Jones Eq. 113, Supreme Court of North Carolina (December 01, 1856) |
1856 |
Ante-nuptial agreements, being peculiarly liable to misapprehension and misrepresentation, will not be enforced in our courts, unless they are entirely satisfied that they were made. A bill, therefore, that alleged such a contract, but stated that it was not reduced to writing, because the parties thought its provisions were already embraced in the... |
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Cases |
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| Mooney v. Brinkley |
17 Ark. 340, Supreme Court of Arkansas (January 01, 1856) |
1856 |
A defendant in chancery having submitted to answer the whole bill, and not having, by demurrer, nor by answer, objected to the jurisdiction of the court over any of the matters set up in the bill, cannot, upon the hearing, nor upon the appeal, object to the jurisdiction, unless the court was wholly incompetent to grant the relief sought by the... |
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Cases |
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| Moore v. Caruthers |
17 B.Mon. 669, Court of Appeals of Kentucky (January 01, 1856) |
1856 |
On the 19th day of June, 1852, W. H. Moore, John Moore, and W. H. Jones, as commissioners of the county court of Washington, entered into a contract with Caruthers & Applegate for the construction and erection of a bridge of a designated description, at the price of five thousand six hundred dollars, across Chapline river, on the road leading from... |
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Cases |
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| Morgan v. Cox |
22 Mo. 373, Supreme Court of Missouri (January 01, 1856) |
1856 |
1. Any negligence in the performance of what is lawful which causes loss to another, is an injury which confers a right of action. 2. The reasonable care which persons are bound to take in order to avoid injury to others, is proportionate to the probability of injury that may arise to others. He who does what is more than ordinarily dangerous, is... |
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Cases |
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| Mosser v. Mosser |
29 Ala. 313, Supreme Court of Alabama (June 01, 1856) |
1856 |
[BILL IN EQUITY FOR DIVORCE ON GROUND OF ADULTERY.] APPEAL from the Chancery Court of Pike. Heard before the Hon. WADE KEYES. |
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Cases |
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| Muncaster v. Bland |
11 La.Ann. 507, Supreme Court of Louisiana (June 01, 1856) |
1856 |
Appeal from the District Court of Tensas, Farrar, J. |
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Cases |
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| Murphey v. Murphey |
20 Ga. 549, Supreme Court of Georgia (August 01, 1856) |
1856 |
The Court, in a part of its charge to the Jury, said, that the will of John Horn conveyed the use and occupation of his estate to Mrs. Horn for and during her natural life or widowhood; and in the opinion of the Court, the testator, under the 7th item of his will, gave to his widow, absolutely, all the net proceeds arising from his estate during... |
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Cases |
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| Mussina v. Alling |
11 La.Ann. 568, Supreme Court of Louisiana (June 01, 1856) |
1856 |
This case was tried by a jury before the Fourth District Court of New Or-Orleans, Reynolds, J. |
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Cases |
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| Nevitt v. Bacon |
3 George 212, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. STATUTE OF LIMITATIONS: MORTGAGE.It is now the settled doctrine of this court, that the right of the mortgagee to foreclose the mortgage is not barred by the same lapse of time that would bar an action on the notes secured by it. See 2 S. & M. 697; 5 Ib. 650; 26 Miss. R. 611; 27 Ib. 772. 2. SAME.Upon the forfeiture of the condition... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Nichols v. Cheairs |
4 Sneed (TN) 229, Supreme Court of Tennessee (December 01, 1856) |
1856 |
Wm. McKissick and E. M. Stratton were joint undertakers with the commissioners of the county court of Giles county for the building of a court house in the town of Pulaski in 1851, and were to share equally in the loss or profits of the undertaking. The contract was made and signed by Stratton alone. McKissick being a secret or dormant partner. The... |
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Cases |
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| Nixon v. Bozeman |
11 La.Ann. 750, Supreme Court of Louisiana (December 01, 1856) |
1856 |
Appeal from the Second District Court of New Orleans, Lea, J. |
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Cases |
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| Nolan v. Chambers |
19 Ga. 503, Supreme Court of Georgia (February 01, 1856) |
1856 |
[1.] If there is strong evidence in favor of the verdict, this Court is not obliged to grant a new trial, although there is a preponderance of evidence against the verdict; and this Court will not do it if the Court below has refused to do it. In Equity, from Butts Superior Court. James Nolan, claiming as trustee for his sister, Sarah Chambers, the... |
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Cases |
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| O'Byrne v. Clagett |
9 Md. 512, Court of Appeals of Maryland (December 01, 1856) |
1856 |
We are of opinion, that the present appeal must be determined according to the doctrines set forth in the cases of Spence vs. Robins, 6 G. & J., 507, and Snively vs. Beavans, 1 Md. Rep., 208, according to which, to defeat bequests of this kind, it must appear, from the nature and circumstances of the case, that the time of payment was made the... |
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Cases |
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| Oden v. Windley |
2 Jones Eq. 440, Supreme Court of North Carolina (June 01, 1856) |
1856 |
A widow, after the will of her husband is offered for probate, and while the proceedings are pending upon a caveat, duly enters her dissent; she dies, and the will is afterwards admitted to probate; is the dissent effectual? The object of the statute in requiring the dissent to be entered within six months after the probate, is to prevent the... |
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Cases |
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| Ogletree v. State |
28 Ala. 693, Supreme Court of Alabama (January 01, 1856) |
1856 |
[INDICTMENT FOR ASSAULT WITH INTENT TO MURDER.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. JOHN GILL SHORTER. |
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Cases |
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| O'Hanlon v. Myers |
10 Rich. 128, Court of Appeals of Law of South Carolina (November 01, 1856) |
1856 |
To charge one with the intemperate use of spirituous liquors, is not actionable, per se. It will not be presumed from the title, which alone has been preserved, of the Act of 1682, for the suppression of drunkenness, that the Act is of force, and that offenders under it are liable to indictment and punishment. The Act of 1691, (2 Stat. 68)... |
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Cases |
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| Osborne v. Tunis |
25 N.J.L. 633, Court of Errors and Appeals of New Jersey (January 01, 1856) |
1856 |
1. If the plaintiff in ejectment does not offer evidence of title sufficient to put the defendant upon his defence, he cannot be prejudiced by any erroneous ruling of the court in regard to such defence, and cannot therefore, upon a writ of error, avail himself of such erroneous ruling as a ground for reversal. 2. But if the defects in the... |
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Cases |
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| Page v. Dennison |
1 Grant 377, Supreme Court of Pennsylvania (January 01, 1856) |
1856 |
We have only one rule of positive law applicable to this case, and that is, that lawful children shall be heirs of their parents. In case of dispute, it is the duty of the courts to investigate and decide who are the lawful children; and this is our present question. The law gives us no positive rules for deciding it, and therefore it is our duty... |
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Cases |
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| Parish v. Gates |
29 Ala. 254, Supreme Court of Alabama (June 01, 1856) |
1856 |
[BILL IN EQUITY TO HAVE ABSOLUTE BILL OF SALE DECLARED MORTGAGE.] APPEAL from the Chancery Court of Mobile. Heard before the Hon. ALEX. MCKINSTRY. |
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Cases |
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| Parker v. McKelvain |
17 Tex. 157, Supreme Court of Texas (January 01, 1856) |
1856 |
The refusal of the court to grant a continuance will not be revised unless the record contains a bill of exceptions in which the material facts are stated. But, etc. [21 Tex. 763.] The affidavit on a first application for a continuance, if on account of the absence of witnesses, should state their names and residence. [4 Tex. 38; 11 Tex. 85; 15... |
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Cases |
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| Parker v. Scogin |
11 La.Ann. 629, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Caddo, Land, J. |
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Cases |
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| Parker v. Stovall |
2 George 446, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
ATTACHMENT: RIGHT OF AGENT TO PROSECUTE.An agent may obtain and prosecute an attachment for rent, but the proceedings must be carried on in the name of the landlord or lessor, otherwise they will be erroneous, and the lessee may maintain his action of replevin, and recover the property attached. (Hutch. Dig. 810, ยง 9.) |
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Cases |
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| Parks v. Noble |
9 Rich.Eq. 85, Court of Appeals of Equity of South Carolina (November 01, 1856) |
1856 |
In pursuance of an ante-nuptial agreement, husband and wife conveyed certain personalty to a trustee for the separate use of wife; and, on certain contingencies, at her death for her issue, and agreed that a certain tract of land should be settled upon the same trusts, and in the meantime that they should have power to sell the same, and lay out... |
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Cases |
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| Parsons v. Trask |
7 Gray 473, Supreme Judicial Court of Massachusetts (November 01, 1856) |
1856 |
A contract made in a foreign country by an adult inhabitant thereof, with a citizen of the United States, to serve him, his executors and assigns, for five years, without fixing the nature and extent of the services, or the place of their performance, in consideration of ten dollars, and of being fed, clothed and lodged, and, at the... |
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Cases |
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| Patch v. City of Covington |
17 B.Mon. 722, Court of Appeals of Kentucky (January 01, 1856) |
1856 |
This is an action brought by the appellant against the city of Covington, to recover the value of a house which, it is alleged, was destroyed by fire in consequence of the failure, on the part of the city, to keep its public cisterns in repair, and to provide the fire company of the city with hooks, ladders, and other necessary apparatus. The... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |