| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Epperson v. Mills |
19 Tex. 65, Supreme Court of Texas (January 01, 1857) |
1857 |
The appellants contend that the instrument executed by Martin Guest on the 15th December, 1845, purporting to be a deed of gift of certain property specified, and of his future acquisitions, to some of his children who are named, was testamentary in its nature, and as such subject to revocation; and if so, that it was revoked by his will... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Erskine v. Wilson |
20 Tex. 77, Supreme Court of Texas (January 01, 1857) |
1857 |
Where the plaintiff claims title to the note sued on, by assignment from one who is alleged to be sole heir and legal representative of the payee, and the defendant files a general denial, the plaintiff must prove the capacity of his assignor as alleged; even, it seems, although the assignment be not alleged to be lost. A general denial, without... |
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Cases |
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| Evans v. King |
3 Jones Eq. 387, Supreme Court of North Carolina (December 01, 1857) |
1857 |
This is an executed trust, i. e., a trust of which the scheme has, in the outset, been completely declared, as distinguished from an executory trust, of which the scheme has been imperfectly declared in the outset, and the creator of the trust has merely denoted his ultimate object, imposing on the trustee, or on the court, the duty of effectuating... |
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Cases |
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| Everett v. Mount |
22 Ga. 323, Supreme Court of Georgia (May 01, 1857) |
1857 |
Whether the legacy vested in all the children at the death of the testator, depends upon the object and intention of the testator. As remarked by a learned Lord Chancellor of England, upon such a question no one can be quite sure, that any decision is right. We must determine by the best guides we have. In the beginning of the will, the testator... |
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Cases |
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| Everton v. Everton |
5 Jones (NC) 202, Supreme Court of North Carolina (December 01, 1857) |
1857 |
This cause comes before us upon the appeal of the defendant from an interlocutory order made in the Court below, allowing alimony to the plaintiff pendente lite. Prior to the year 1852, such an order was not allowable, as this Court had decided some time before in the case of Wilson v. Wilson, 2 Dev. and Bat. Rep. 377; but the legislature, in that... |
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Cases |
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| Ex parte Howard |
30 Ala. 43, Supreme Court of Alabama (January 01, 1857) |
1857 |
[APPLICATION FOR BAIL IN CASE OF HOMICIDE.] |
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Cases |
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| Ex parte Russell |
29 Ala. 717, Supreme Court of Alabama (January 01, 1857) |
1857 |
[APPLICATION FOR PROHIBITION TO PROBATE COURT.] |
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Cases |
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| Ex parte Sifford |
5 Am. Law Reg. 659, District Court, SD Ohio (January 01, 1857) |
1857 |
At law. |
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Cases |
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| Exum v. Canty |
5 George 533, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. CONSIDERATION: COVENANT TO STAND SEISED BETWEEN STRANGERS: WHAT A SUFFICIENT CONSIDERATION FOR: CONDITION SUBSEQUENT.-Services which have theretofore been gratuitously rendered by the covenantee to the covenantor, and which are to be continued to him during his life, are a sufficient consideration to support a covenant to stand seised between... |
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Cases |
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| Fairley v. Fairley |
5 George 18, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. DEED: CONSIDERATION.-A deed, in consideration of natural love and affection, and of one dollar, is for a valuable consideration, and sufficient to support a grant of personal and real estate without a delivery of possession to the grantee. 2. SAME.-A deed, in consideration of natural love and affection, alone, and not accompanied by a... |
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Cases |
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| Fairly v. Priest |
3 Jones Eq. 383, Supreme Court of North Carolina (December 01, 1857) |
1857 |
When this case was before us on a demurrer at December Term, 1856, (see 56 N.C. 21,) it was held that the plaintiff was entitled to the share which accrued to the mother as one of the survivors upon the death of Elizabeth Priest, intestate and without issue. The question whether the plaintiff is entitled to the original share given to his mother by... |
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Cases |
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| Farmers' Loan & Trust Co. v. Hendrickson |
25 Barb. 484, Supreme Court, General Term, New York (October 13, 1857) |
1857 |
The Flushing Rail Road Company executed two mortgages to the Farmers' Loan and Trust Company, one dated on the 1st of September, 1853, and recorded in the county clerk's office on the 25th of October in the same year, and the other dated on the 1st of November, 1854, and recorded in the county clerk's office on the 28th of the same month. Neither... |
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Cases |
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| Farmers' Loan & Trust Co. v. Hendrickson |
25 Barb. 484 (October 13, 1857) |
1857 |
Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a... |
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Trial Court Orders |
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| Farrar v. Christy's Adm'rs |
24 Mo. 453, Supreme Court of Missouri (March 01, 1857) |
1857 |
William Christy and Martha T. Christy, on the 20th of September, 1832, executed the following deed: This deed, made and entered into this twentieth day of September, eighteen hundred and thirty-two, by and between William Christy, and Martha T. Christy, his wife, of the one part, and Edmund T. Christy and Howard F. Christy, of the other part,... |
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Cases |
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| Farrow v. Bragg's Adm'r |
30 Ala. 261, Supreme Court of Alabama (January 01, 1857) |
1857 |
[ACTION UNDER CODE ON COMMON COUNTS IN ASSUMPSIT.] APPEAL from the Circuit Court of Russell. Tried before the Hon. JOHN GILL SHORTER. |
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Cases |
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| Farwell v. Harris |
12 La.Ann. 50, Supreme Court of Louisiana (January 01, 1857) |
1857 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
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Cases |
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| Fatheree v. Lawrence |
4 George 585, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. WILL: PROBATE OF: WHAT IS SUFFICIENT EVIDENCE IN CASE OF AN OLD WILL.An instrument, purporting on its face to be the last will and testament of E. L., bearing date the 7th of September, 1833, was propounded for probate in 1856; it was signed by the testatrix by her mark, and under the word Test was subscribed the names of... |
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Cases |
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| Feagin v. Beasley |
23 Ga. 17, Supreme Court of Georgia (June 01, 1857) |
1857 |
[1.] Usually, the price of property agreed on by the parties is the best evidence of its value; and when it turns out to be totally worthless, the purchase money with interest is a fair measure of damages. If the property be of some value, the difference between the price paid and what it is worth, in its diseased condition, will constitute the... |
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Cases |
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| Field v. Lucas |
21 Ga. 447, Supreme Court of Georgia (January 01, 1857) |
1857 |
[1.] The first error complained of is, that the suit was brought in the name of the guardian instead of that of the lunatic. It seems to be the practice in England, for the non compos himself to be a party plaintiff when suing and a party defendant when sued. But the reason is, his estate is not vested in his guardian, upon inquisition found. The... |
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Cases |
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| Findly v. Ray |
5 Jones (NC) 125, Supreme Court of North Carolina (December 01, 1857) |
1857 |
A reference to arbitration will be binding if there be a bona fide difference of opinion between the parties as to their rights, although there be not a legal cause of action. Unless there be some reason given by counsel why the Judge should remark particularly on the testimony of a witness, he may, with propriety, decline a request to do so. An... |
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Cases |
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| Finley v. Babin |
12 La.Ann. 236, Supreme Court of Louisiana (March 01, 1857) |
1857 |
Appeal from the District Court of East Baton Rouge, Robertson, J. |
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Cases |
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| Fitts v. Johnson |
22 Ga. 307, Supreme Court of Georgia (May 01, 1857) |
1857 |
(1.) Evidence was rejected that was properly admissible, but if it had been admitted, it ought not to have changed the verdict. No motion was made for a new trial. Held, That the rejection of the evidence, was not a sufficient cause for a new trial. (2.) If the Sheriff pay over money chming to the defendant in the fi fas., to some debt of the... |
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Cases |
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| Flack v. Haynie |
18 Tex. 468, Supreme Court of Texas (January 01, 1857) |
1857 |
Where one assumes to act as agent for another, in making a contract, without authority; or where an agent knowingly transcends his authority, he is personally liable. 1 Parsons on Con. 55. There is no doubt that the defendant did knowingly transcend his authority in this case; and that he was personally liable to the plaintiff for the goods... |
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Cases |
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| Flanders v. Flanders |
23 Ga. 249, Supreme Court of Georgia (June 01, 1857) |
1857 |
Was any one of the grounds of the motion for a new trial good? We agree with the Court below in thinking, that not one was. That the first and second grounds, were not good, a bare reading of the evidence, ought to satisfy anybody. As to the third ground, there is this to be said: First, according to the great preponderance of the evidence, the... |
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Cases |
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| Fleming v. McKesson |
3 Jones Eq. 316, Supreme Court of North Carolina (August 01, 1857) |
1857 |
We have no hesitation in deciding that the demurrer of the defendant James McKesson must be overruled. The plaintiffs, as the next of kin of his intestate, have a right to a full account of his administration, and there is nothing charged in the bill to which he ought not to be compelled to answer. If he, by collusion with the other defendant, who... |
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Cases |
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| Force Bros. & Co. v. Dahlonega Tanning & Leather Mfg. Co. |
22 Ga. 86, Supreme Court of Georgia (March 01, 1857) |
1857 |
[1.] On the 4th of December, 1841, the Legislature granted a charter to the Dahlonega Tanning and Leather Manufacturing Company, making the stockholders liable, as partners, for the debts of the corporation, and providing a summary remedy for the enforcement of the same. On the 10th day of the same month, they passed a general law to facilitate the... |
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Cases |
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| Forniquet v. Forstall |
5 George 87, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. CHANCERY: PLEADING: MULTIFARIOUSNESS.-Where the complainant claims under one title, and brings suit against various defendants, who claim the same estate under distinct and separate sales, of different parcels thereof, to them separately, and where the gravamen of fraud or wrong in the sales is the same, and equally applies to all, the bill will... |
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Cases |
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| Fox v. Matthews |
4 George 433, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. HIGH COURT: APPELLANT MUST SHOW THAT THE JUDGMENT OF THE COURT BELOW IS CLEARLY WRONG.The inquiry in this court is not, whether the judgment or decree of the court below is manifestly correct, but whether it is clearly wrong; and it is incumbent on the appellant or plaintiff in error, to show affirmatively and clearly the alleged error in... |
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Cases |
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| Franklin v. Coffee |
18 Tex. 413, Supreme Court of Texas (January 01, 1857) |
1857 |
The constitution does not reserve to the head of a family, exempt from forced sale, two hundred acres of land, not included in a town or city, for a homestead; but, a homestead not to exceed two hundred acres. A homestead necessarily includes the idea of a house, cabin or tent, which is the home of the family. There must be a homestead over which... |
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Cases |
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| Gadsden v. Carson |
9 Rich.Eq. 252, Court of Appeals of Equity of South Carolina (January 01, 1857) |
1857 |
The individual creditors of a partner have not such exclusive right to be paid out of his individual property, as to render fraudulent an assignment of it for the benefit of the creditors of the firm. Semble. Partnership creditors having two fundsthe property of the firm and the private property of the partnersto which they can... |
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Cases |
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| Gaither v. Ballew |
4 Jones (NC) 488, Supreme Court of North Carolina (August 01, 1857) |
1857 |
Money in the hands of a clerk and master in Equity, arising from the sale of land for partition, may after an order for distribution, be attached, and the clerk and master may be garnisheed in respect thereto. (Peace v. Jones, 3 Murph. Rep. 256; Gibbs v. McKay, 4 Dev. Rep. 172; Elliott v. Newby, 2 Hawks' Rep. 22; Simpson v. Harry, 1 Dev. and Bat.... |
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Cases |
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| Gaither v. Blowers |
11 Md. 536, Court of Appeals of Maryland (December 01, 1857) |
1857 |
In an action for an assault and battery, threats made by the plaintiff against the defendant a month before, and not shown to have been communicated to the defendant prior to, the battery complained of, are not admissible in evidence in mitigation of damages. To make out a case in mitigation of damages, the provocation must be shown to have been so... |
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Cases |
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| Gaither v. Gaither |
23 Ga. 521, Supreme Court of Georgia (November 01, 1857) |
1857 |
Was the first ground of the motion to dismiss the rule nisi, good? Two reasons were urged in support of this ground. 1st. That Mrs. Gaither by qualifying as executrix and going on to execute the will had admitted the will to be the will of Brice T. Gaither, and therefore, that she was estopped from saying, that it was not his will. 2d. That Mrs.... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Gamage's Adm'rs v. Trawick |
19 Tex. 58, Supreme Court of Texas (January 01, 1857) |
1857 |
Where the claimant of personal property taken in execution shows that it was sold and delivered to him before the levy, by the defendant in execution, who professed to act in making the sale as the agent or representative of another, he is not bound further to show that the property really belonged to such other person, nor that the defendant in... |
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Cases |
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| Gamble v. Dabney |
20 Tex. 69, Supreme Court of Texas (January 01, 1857) |
1857 |
The possession of the wife's separate property by the husband is not such a possession as, after a continuance of three years, without record of the title of the real owner, raises a presumption under the statute (Hart. Dig. art. 1452) in favor of creditors and purchasers, that the absolute property is with the possession. In this case the husband... |
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Cases |
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| Gardner v. Masters |
3 Jones Eq. 462, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Where matters in controversy are submitted to arbitration by agreement of the parties, being a tribunal of their own choosing, it is independent in its action, and no appeal will lie from its decision; neither can it be rescinded by a court of law or equity. The only ground upon which an award upon a submission in pais can be set aside in a court... |
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Cases |
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| Garrett v. Freeman |
5 Jones (NC) 78, Supreme Court of North Carolina (December 01, 1857) |
1857 |
His Honor put the case upon the single fact of the condition of the wind at the time the log-pile was set on fire, being of opinion, that if it was then calm, there was no negligence. There is error. A prudent man would not permit a log-pile to be made so near the fence, (from three to five yards,) with a dead pine between the pile and fence, nor... |
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Cases |
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| Garrison v. Eborn |
3 Jones Eq. 228, Supreme Court of North Carolina (June 01, 1857) |
1857 |
We are of opinion that the testator's widow had the right to take all the articles of the kind mentioned in the 3rd item of his will. The testator makes no restriction upon her want or desire, and this Court has no right to do so; but as she has made a choice of a part only of the articles designated, she must be content therewith. Under the... |
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Cases |
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| Gass v. Mason |
4 Sneed (TN) 508, Supreme Court of Tennessee (September 01, 1857) |
1857 |
Since the opinion of the court was announced in this case, on a previous day of the term, the counsel for the defendants have presented a petition, in which they call the attention of the court to that part of the opinion in which the court say, Treating the verdict of the jury just as we would if the facts had been found by the chancellor... |
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Cases |
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| Gibson v. Gibson |
4 Jones (NC) 425, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The case turns upon the construction of the will of Andrew Gibson, and the question is whether the limitation over, in the following clause, is too remote. I will and devise that if any of my children should die without issue begotten in wedlock, that their property return to, and be equally divided among all my children, the said Joseph, trustee,... |
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Cases |
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| Gibson v. Marquis |
29 Ala. 668, Supreme Court of Alabama (January 01, 1857) |
1857 |
[ACTION AGAINST HUSBAND AND WIFE ON NOTE GIVEN FOR PURCHASE MONEY OF LAND.] APPEAL from the Circuit Court of Macon. Tried before the Hon. JOHN GILL SHORTER. |
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Cases |
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| Gil v. Williams |
12 La.Ann. 219, Supreme Court of Louisiana (March 01, 1857) |
1857 |
Appeal from the District Court of East Baton Rouge, Robertson, J. |
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Cases |
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| Girod v. Belknap |
12 La.Ann. 791, Supreme Court of Louisiana (December 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Goodman v. Walker |
30 Ala. 482, Supreme Court of Alabama (January 01, 1857) |
1857 |
[CASE AGAINST ATTORNEYS-AT-LAW FOR NEGLIGENCE.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY. |
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Cases |
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| Goodwin v. May |
23 Ga. 205, Supreme Court of Georgia (June 01, 1857) |
1857 |
A. makes a conditional sale of personal property to B., and delivers possession. The agreement is, that the title is to remain in A. until the money is paid, and that A. has the right to re-possess himself of the property, if the price be not paid at the time stipulated. B. removes to another county, and carries with him the property. To secure a... |
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Cases |
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| Graham v. Little |
3 Jones Eq. 152, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The bill is filed to enjoin the defendants from collecting a bond executed by the plaintiff, to Thomas P. Little, under the following circumstances: Wm. P. Little, sr., died in the year 1827, greatly indebted, and possessed of a large real and personal estate. The last clause in his will is as follows: After appointing his sons, Thomas P. and... |
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Cases |
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| Grandy v. Small |
5 Jones (NC) 50, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Where one undertook, by contract, to deliver an article, at a certain time and place, to be paid for on delivery, and, before and at the specified time, the vendor refused to deliver; Held, in an action for a breach of the contract, that the refusal dispensed with the necessity of a tender of the money on the part of the vendee, but that he is,... |
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Cases |
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| Graves v. Howard |
3 Jones Eq. 302, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The residue of a testator's estate and effects, means what is left after all liabilities are discharged and all the purposes of the testator are carried into effect. Where there is a fund common to both of two charges, and a fund subject only to one of them, this separate fund must be applied in aid of the common fund. CAUSE removed... |
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Cases |
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| Gray v. Bridgeforth |
4 George 312, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
1. RULE IN SHELLEY'S CASE: EXECUTORY DEVISE.-By the law of Tennessee, although the words dying without issue, or dying without heirs, if they stand alone in a will, are construed in their technical sense, and mean an indefinite failure of issue, yet if there be any accompanying word, or clause, or circumstance in the will, indicating that these... |
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Cases |
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| Greenwood v. New Orleans |
12 La.Ann. 426, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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