Title | Citation | Year | Summary | Most Relevant | Type | Status |
Tazewell's Ex'r v. Saunders' Ex'r |
13 Gratt. 354, Supreme Court of Appeals of Virginia (May 23, 1856) |
1856 |
1. Laches in the assertion or prosecution of a claim is not always enough to defeat it. The laches must be such as to afford a reasonable presumption of the satisfaction or abandonment of the claim; or such as to prevent a proper defense by reason of the death of parties, loss of evidence or otherwise. 2. Courts of equity will decree interest upon... |
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Cases |
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Tazewell's Ex'r v. Whittle's Adm'r |
13 Gratt. 329, Supreme Court of Appeals of Virginia (May 23, 1856) |
1856 |
The debt for which the decree in this case was rendered consists of two parts; first, a balance claimed to be due for personal property sold by Conway Whittle to Littleton Tazewell in March 1803; and secondly, a balance claimed to be due for rent of a tract of land called Piney Grove, leased by said Whittle to said Tazewell from that time until the... |
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Cases |
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Templet v. Baker |
12 La.Ann. 658, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal from the District Court of St. Mary. Cole, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
The Thomas Swan |
28 F.Cas. 86, District Court, D South Carolina (July 12, 1856) |
1856 |
At law. |
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Cases |
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Thomas v. Sturges |
3 George 261, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
EVIDENCE: ONUS OF PROOF ON TRAVERSE OF GARNISHEE'S ANSWER.Upon the trial of a traverse of a garnishee's answer, denying indebtedness to the attachment debtor, the burden of proof is on the plaintiff; and if it appear that the attachment debtor had assigned a note due to him by the garnishee, the transfer will be presumed fair and bona fide,... |
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Cases |
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Thornton v. Burch |
20 Ga. 791, Supreme Court of Georgia (November 01, 1856) |
1856 |
[1.] The tenant for life died on the 1st day of July, 1855. The complainant, as the legal representative of one of the the remainder-men, asks for an account of the growing crop of that year. The tenant for life possessed an uncertain estate in the land, which was determined by the act of God, between the planting and the severance of the crop, and... |
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Cases |
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Tindall v. Harkinson |
19 Ga. 448, Supreme Court of Georgia (January 01, 1856) |
1856 |
[1.] The case made by the bill itself, is of doubtful sustainability. If men, under the circumstances set forth by the complainant himself, will not take the trouble to protect themselves, it is asking too much of the Courts to undertake this arduous duty. Here is a purchaser who desires to make a considerable investment in real estate; he is on... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Tinnin v. Price |
2 George 422, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
EVIDENCE: SUBSCRIBING WITNESS: HIS HANDWRITING PROVED.-When proof of the handwriting of a subscribing witness is admissible to establish the execution of a writing, where such witness has become disqualified from interest acquired since the attestation. See 1 Phil. Ev. 466. |
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Cases |
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Townshend v. Matthews |
10 Md. 251, Court of Appeals of Maryland (December 01, 1856) |
1856 |
By an ante-nuptial settlement the real and personal estate of the wife was conveyed to a trustee in trust, for the sole and exclusive use of the wife, her heirs and assigns, the wife and her assigns, during her life, to take and receive all the rents and profits thereof, to and for her and their own... |
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Cases |
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Tracy v. Talmage |
14 N.Y. 162, Court of Appeals of New York (June 01, 1856) |
1856 |
Mere knowledge by the vendor that the purchaser intends to make an illegal use of the property, is not a defence to an action for its price. But if it is made a part of the contract of sale that the property shall be used for an unlawful purpose, or if the vendor, with knowledge of the intent of the purchaser, do anything beyond making the sale in... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Trammell v. Thurmond |
17 Ark. 203, Supreme Court of Arkansas (January 01, 1856) |
1856 |
On the 2d of October, 1850, Henry Trammell and wife, Julia Ann, late Thurmond, James B. Wooldridge and wife, Celia, late Thurmond, William Thurmond, and James Hutchinson and wife, Juda, late Thurmond, filed their bill on the chancery side of the Ashley circuit court, against Thomas J. Thurmond, and Rufus K. Denson and wife, Rebecca, late Thurmond,... |
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Cases |
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Trieber v. Blocher |
10 Md. 14, Court of Appeals of Maryland (December 01, 1856) |
1856 |
Where the plaintiff's goods are seized under an attachment against another, he may sue the sheriff in trespass and recover for the illegal taking and detention, notwithstanding he came into court in the attachment case, filed his plea claiming the property, and recovered judgment for its restitution. Under our attachment system the owner of the... |
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Cases |
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Trundle's Adm'r v. Riley |
17 B.Mon. 396, Court of Appeals of Kentucky (July 01, 1856) |
1856 |
The only question made in this case is, whether the contract on which the appellee recovered in the circuit court, or the consideration on which it is founded, is illegal, against public policy, and, therefore, not enforceable by law. Trundle was confined in the jail of Kenton county from November, 1853, to some time in the month of April... |
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Cases |
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Tucker v. Cocke |
3 George 184, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. TRUSTEE: LIABILITY OF: TO ACCOUNT.A trustee, who is the mere depositary of the legal title, and upon whom no duty is imposed in reference to the trust estate, is not liable to account for the hire and profits of the trust property, whilst in possession of one of the cestuis que trust, unless he has actually received them. 2. HUSBAND AND... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
U.S. v. Durkee |
1 McAll. 196, Circuit Court, ND California (July 01, 1856) |
1856 |
This was a case of an indictment [against John L. Durkee] under the 3d section of the act of May 15, 1820 (3 Stat. 600). It arose out of the movements of a body of men known as the Vigilance Committee, in the city of San Francisco, during the excitement which existed in that city during the summer of 1856. The prisoner was charged with being... |
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Cases |
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U.S. v. Naylor |
27 F.Cas. 78, District Court, D New York (November 19, 1856) |
1856 |
At law. |
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Cases |
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Upchurch v. Darnall |
3 Sneed (TN) 443, Supreme Court of Tennessee (April 01, 1856) |
1856 |
This was an action of assumpsit. There are several counts in the declaration, for money paid, laid out, and expended by the plaintiff's testator, and likewise by the plaintiffs in their representative character, to and for the use of the defendant's intestate, and to and for the use of the defendants in their representative character. Judgment was... |
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Cases |
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Urquhart v. Scott |
12 La.Ann. 674, Supreme Court of Louisiana (August 01, 1856) |
1856 |
Appeal from the District Court of St. Landry, Dupré, J. |
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Cases |
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Van Vacter v. McWillie |
2 George 563, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. TRUSTEE: RIGHT TO POSSESSION OF TRUST ESTATE.-An executor, who is also made trustee of the legal title to a legacy, but with no duty imposed on him by the will, the performance of which requires him to retain possession of the trust estate, cannot retain the possession thereof from the cestui que trust having the whole beneficial interest... |
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Cases |
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Vardeman v. Lawson |
17 Tex. 10, Supreme Court of Texas (January 01, 1856) |
1856 |
Where it was assigned for error in a suit for specific performance of a lost bond for title that there had not been sufficient evidence of the contents of the bond, this court said: There does not appear to have been any question made by the plaintiff in error as to the terms of the bond. When called on to make title he virtually admitted that he... |
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Cases |
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Vicksburg & J.R. Co. v. Patton |
2 George 156, High Court of Errors and Appeals of Mississippi (April 01, 1856) |
1856 |
1. COMMON LAW: HOW FAR IN FORCE HERE.The common law of England is the law of this State only so far as it is adapted to our institutions, and the circumstances of our people, and is not repealed by statute, or varied by usages which by long custom have superseded it. 2. COMMON LAW: ENCLOSURES: CATTLE DAMAGE FEASANT: TRESPASS.By the... |
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Cases |
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Wade v. Powell |
20 Ga. 645, Supreme Court of Georgia (August 01, 1856) |
1856 |
[1.] A deed of trust which creates separate estate in the wife, and which imposes no duty upon the trustee except that of merely holding the legal title, gives to the wife the right to the possession and use of the trust property. [2.] And if the trust property should get into the possession of the husband or the agent of the trustee, the wife... |
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Cases |
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Walker v. Roberts |
20 Ga. 15, Supreme Court of Georgia (May 01, 1856) |
1856 |
Among the grounds of caveat to the will in this case were these: that Thomas K. Slaughter, a chief legatee, procured the execution of the will by the use of fraud, of violence, and of undue influence towards the testator. In one of the specifications it is said that said Thomas K. Slaughter, by violent and lawless conduct, for a long time before... |
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Cases |
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Walker v. Smith |
28 Ala. 569, Supreme Court of Alabama (January 01, 1856) |
1856 |
[BILL IN EQUITY AGAINST HUSBAND AND WIFE TO SUBJECT WIFE'S SEPARATE ESTATE TO PAYMENT OF CHARGE.] APPEAL from the Chancery Court of Macon. Heard before the Hon. A. J. WALKER. |
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Cases |
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Wallace v. Burden |
17 Tex. 467, Supreme Court of Texas (January 01, 1856) |
1856 |
Where it is admitted or proved that the common law was in force at the time, in the state where the transactions on which the rights of the parties depend occurred, the court will take notice what the common law upon the subject is. At common law, where a wife has a clear legal estate in a personal chattel, and the right to immediate possession in... |
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Cases |
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Wampler v. Wampler |
9 Md. 540, Court of Appeals of Maryland (December 01, 1856) |
1856 |
A legatee under a will may, by a sale and an assignment of his interest, be made a competent witness to establish the will. The will of a blind man, duly executed and attested, and proved to have been dictated by, and read to, the testator, is entitled to probate, though not read to him by, or in the presence of, the attesting witnesses. Fraud is... |
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Cases |
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Waters v. Tazewell |
9 Md. 291, Court of Appeals of Maryland (December 01, 1856) |
1856 |
A deed of trust conveyed leasehold property for the sole and separate use, benefit and behoof, of a feme sole her executors, administrators and assigns, so that she might either receive and take the clear rents, issues and income, or proceeds in case of sale, and apply them as she thought proper, so... |
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Cases |
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Watkins v. Adams |
3 George 333, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
EXECUTOR AND ADMINISTRATOR: NEW GRANT OF LETTERS ON REMOVAL.-As a general rule, there cannot be two valid grants of administration on the same estate at the same time, within the State; but by the statute, Hutch. Dig. 677, § 3, it is expressly provided, that where an administrator, appointed in one county, shall remove to another, or where the... |
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Cases |
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Watson v. Child |
9 Rich.Eq. 129, Court of Appeals of Equity of South Carolina (November 01, 1856) |
1856 |
Testator, after the date of his will, acquired lands in Florida. In the absence of all proof as to the law of Florida, held, that such lands passed to the heir and not to the devisee. Testator after the date of his will contracted to purchase lands in Florida, and after his death his executors paid a balance due of the purchase money and took... |
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Cases |
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Wayne County v. Commonwealth |
26 Pa. 154, Supreme Court of Pennsylvania (January 01, 1856) |
1856 |
If the jury in the criminal case had merely directed the defendant to pay the costs, accrued on the counts charging him with misdemeanours, a different question would have been presented from that now before us. But as the verdict now stands, the defendant was acquitted of a high felony and yet ordered to pay the costs. Neither courts nor juries... |
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Cases |
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Weathersly v. Weathersly |
2 George 662, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
A new bill in equity, brought within one year after the reversal by this court of a decree rendered in the Chancery Court, upon a bill filed by the complainant for the same cause of action, is within the 14th section of the Act of Limitations of 1822, (Hutch. Code, 827,) which allows one year for bringing a new action after judgment rendered for... |
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Cases |
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Webb v. Deeson |
11 La.Ann. 84, Supreme Court of Louisiana (February 01, 1856) |
1856 |
Appeal from the District Court, Tenth District, Parish of Carrol, Farrar, J. |
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Cases |
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Weir v. Brooks |
17 Tex. 638, Supreme Court of Texas (January 01, 1856) |
1856 |
The affidavit for a distress warrant should not merely state that the writ is not sued out for the purpose of vexing and harassing the defendant, but should also state that the rent is due, or that the tenant is about to remove from the rented premises, or that he is about to remove his property from the rented premises. Where verdict is returned... |
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Cases |
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Wells v. Bransford |
28 Ala. 200, Supreme Court of Alabama (January 01, 1856) |
1856 |
[APPLICATION FOR PROBATE OF WILL OF MARRIED WOMAN.] APPEAL from the Court of Probate of Madison. |
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Cases |
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Westfall v. Scott, Carhart & Co. |
20 Ga. 233, Supreme Court of Georgia (June 01, 1856) |
1856 |
[1.] A party cannot interpose, in Equity, in a controversy between others in regard to a matter in which he has no interest, and cannot be affected by the decree. [2.] When the plaintiffs have elected to proceed at Law, and the remedy, according to the case made by the bill is adequate, a Court of Chancery will not entertain jurisdiction of the... |
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Cases |
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Wharton v. Marberry |
3 Sneed (TN) 603, Supreme Court of Tennessee (April 01, 1856) |
1856 |
This bill is filed for an account and settlement of the estate of Jacob Marberry, deceased, under the residuary clause of his will, against the defendants, as his executors. The only question in the case arises upon the first exception of defendant to the account, because one of the executors, F. W. Marberry, is not allowed to retain and have a... |
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Cases |
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Wheatley v. Abbott |
3 George 343, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. GIFT: DELIVERY ESSENTIAL TO.-The rule is well settled, that there can be no valid parol gift of a personal chattel unless there be an actual delivery of possession to the donee; or, an absolute parting with all dominion and ownership over it by the donor, for the use and benefit of the donee; and without this, a mere intention to give, however... |
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Cases |
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White v. Dinkins |
19 Ga. 285, Supreme Court of Georgia (January 01, 1856) |
1856 |
It is very apparent that injustice has been done in this case. [1.] The defendants rely, first, on the title which they acquired under the sale ordered by the Court; and secondly, they insist that if this is not valid, the paramount title to this property is outstanding in Horace Dinkins; and that, consequently, the plaintiffs in trover cannot... |
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Cases |
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White v. Shepperd |
16 Tex. 163, Supreme Court of Texas (January 01, 1856) |
1856 |
Where the executor failed to insert certain real estate in the inventory, and, being cited to show cause, claimed the property as his own, and the county court decreed that the property belonged to the estate, and should be administered as such, from which there was no appeal, in a suit by the heirs of the intestate against the heirs of the... |
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Cases |
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Whitesides v. Cannon |
23 Mo. 457, Supreme Court of Missouri (October 01, 1856) |
1856 |
1. Where a trust is created for a married woman's separate use without more, she has an alienable estate independent of her husband, which she may dispose of as a feme sole owner; she has also the power, incident to property in general, of contracting debts to be paid out of her separate estate. 2. A married woman executed a promissory note jointly... |
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Cases |
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Williams v. Clark |
11 La.Ann. 761, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Jackson, Richardson, J. |
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Cases |
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Williams v. Holmes |
9 Md. 281, Court of Appeals of Maryland (December 01, 1856) |
1856 |
At the instance of the widow and some of the children of William Williams, deceased, the orphans court of Baltimore city appointed three persons to re-appraise and distribute the personal estate of the deceased, among the parties entitled to the same. On the 30th of August 1855, the persons so appointed made a report to the court, that the... |
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Cases |
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Williams v. Newberry |
3 George 256, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. EVIDENCE: WHEN RELEVANT MUST BE ADMITTED: TRESPASS.-When evidence is offered which is relevant to the issue, it should be admitted, notwithstanding it may be insufficient of itself to establish the fact intended to be proved by it; and hence, in an action of trespass to recover damages sustained by the plaintiff, by reason of the tortious taking... |
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Cases |
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Willingham v. Bentley |
20 Ga. 783, Supreme Court of Georgia (November 01, 1856) |
1856 |
[1.] The only question in this case is this: Did the title to the three-fourths of the estate left by the testator to his grandchildren vest in them at his death, so as to entitle their guardian, during their minority, to recover it from the executors? After careful examination, and with but little legal light from the books to guide us, we have... |
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Cases |
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Willis v. Cadenhead |
28 Ala. 472, Supreme Court of Alabama (January 01, 1856) |
1856 |
[PETITION FOR DISTRIBUTION OF ESTATE OF DECEASED WIFE.] APPEAL from the Court of Probate of Butler. |
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Cases |
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Wilson v. Bossier |
11 La.Ann. 640, Supreme Court of Louisiana (July 01, 1856) |
1856 |
Appeal from the District Court of the parish of Caddo, Drew, J. |
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Cases |
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Wilson v. Wilmington & M.R. Co. |
10 Rich. 52, Court of Appeals of Law of South Carolina (November 01, 1856) |
1856 |
The rule in Danner's case, (4 Rich. 329,) that a prima facie case of negligence is made out against a railroad company, where it is shown that cattle, pasturing on uninclosed lands, are killed by the train of the company, does not apply where the animal killed is a dog. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Winn v. Barnett |
2 George 653, High Court of Errors and Appeals of Mississippi (October 01, 1856) |
1856 |
1. FRAUDULENT ASSIGNMENT: BY WHOM AVOIDED.-As a general rule, a conveyance of his property, made by the debtor with the intent to hinder, delay, and defraud his creditors, can be avoided only by those whose debts existed at the time the assignment was made; subsequent creditors cannot set aside such a conveyance unless the property was in such a... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Winston's Ex'or v. Street's Ex'or |
Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1856) |
1856 |
In July, 1847, William O. Winston and William T. H. Pollard, executors of Alice B. Winston, dec'd, William T. H. Pollard, executor of Harriet W. Winston, dec'd, William W. Jones, executor of Martha L. Jones, dec'd, and Catherine R. Shore, filed their bill in the Circuit Court of Hanover, setting forth, that William O. Winston, father of said... |
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Cases |
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Wintz v. Morrison |
17 Tex. 372, Supreme Court of Texas (January 01, 1856) |
1856 |
Every misrepresentation with regard to anything which is a material inducement to a sale, which is made to deceive, and which actually does deceive the vendee, vitiates the contract of sale. [19 Tex. 2.] So also every concealment of defects by artifice, and for the purpose of deceiving the buyer, is a fraud which vitiates the sale. Where the court... |
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Cases |
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