| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Craige v. Neely |
6 Jones (NC) 170, Supreme Court of North Carolina (December 01, 1858) |
1858 |
The judgment of either the County or Superior Court, upon the subject of legitimation is conclusive; so that the propriety of it cannot be called in question collaterally. The Act of 1838, concerning the legitimating of children, did not repeal the former legislation on that subject. So, it was Held that a married man, notwithstanding such act,... |
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Cases |
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| Craig's Heirs v. Walthall |
14 Gratt. 518, Supreme Court of Appeals of Virginia (August 21, 1858) |
1858 |
1. Testator owning a large and valuable tract of land, and leaving a widow and six infant children, describes separate parcels of the land by boundaries, one of which he gives to each of his children. As to one of these parcels he says, It is my will that the above described part of my farm shall be owned by my son John (about thirteen), and... |
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Cases |
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| Crawford v. Johnson |
11 Ind. 258, Supreme Court of Indiana (December 03, 1858) |
1858 |
Suit to foreclose a mortgage. Defence, usury. Issue of fact. Trial by the Court, and judgment for the plaintiff for the amount of the debt and interest. The evidence is upon the record, and is as follows: Francis M. Heaton testified that the notes secured by the mortgage in suit, were given for the purchase-money of the land described in the... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Croft v. White |
7 George 455, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. PRIVATE WRITINGS: EFFECT OF ALTERATION BY A STRANGER.-A material alteration in a deed or other instrument, made by a stranger without the knowledge or privity of the grantee, obligee, or holder, does not change or affect its legal operation; the ancient rule on that subject is not now recognized by the courts. See U. S. v. Spalding, 2 Mason's R.... |
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Cases |
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| Cronk v. Cole |
10 Ind. 485, Supreme Court of Indiana (May 01, 1858) |
1858 |
This action was commenced in Fayette Common Pleas. Issues were made up, and the cause tried in that Court. A verdict was found for the plaintiff, Cronk, a new trial granted, and the cause transferred, by agreement of parties, to the Circuit Court for trial. The complaint alleges that the plaintiff and defendant made a contract on the 24th of... |
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Cases |
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| Crowder v. Shackelford |
6 George 321, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
1. EXECUTOR AND ADMINISTRATOR: DISTRIBUTION: RIGHT OF DISTRIBUTEE TO HIS SHARE IN ALL THE ASSETS.A distributee, proceeding under the statute, Hutch. Dig. 665, § 91, to obtain distribution, after the lapse of twelve months from the grant of letters of administration, and before final settlement, is entitled to have his share in all the... |
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Cases |
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| Cummins v. Boston & Gunby |
25 Ga. 277, Supreme Court of Georgia (March 01, 1858) |
1858 |
[1.] Constructive notice of an unrecorded marriage settlement is sufficient to bind a bona fide purchaser, a bona fide creditor, or a bona fide surety, under the Act of 1847 requiring marriage settlements to be recorded. [2.] Such notice as would excite apprehension in ordinary minds and prompt enquiry, is constructive notice, [3.] A factor who has... |
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Cases |
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| Cuney v. Dupree |
21 Tex. 211, Supreme Court of Texas (January 01, 1858) |
1858 |
Where a party by his mode of pleading proposed to show that a particular transaction was not a trust, but that it was as it purported to be, an absolute sale made in good faith and for valuable consideration paid; he cannot be permitted to show as an additional independent fact, that the sale was made to delay, hinder or defraud his creditors, to... |
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Cases |
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| Cureton v. Doby |
10 Rich.Eq. 411, Court of Appeals of Equity of South Carolina (November 01, 1858) |
1858 |
The mere fact that a debtor knows when he confesses judgment to a bona fide creditor, that the creditor intends to settle the larger portion of the debt on the debtor's family, will not make the confession fraudulent as against other creditors. A possession in accordance with the terms of the deed is not fraudulent. |
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Cases |
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| Currie v. Murphy |
6 George 473, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. WILL: ABATEMENT OF LEGACIES: RESIDUUM.-In the absence of any express direction in the will to the contrary, the payment of the testator's debts, and the administration, and funeral expenses, is chargeable upon the residuum; and the residuary legatees have no right to call upon specific or general legatees to abate; but residuary legacies may be... |
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Cases |
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| Davis v. Marcum |
4 Jones Eq. 189, Supreme Court of North Carolina (December 01, 1858) |
1858 |
As the law requires administrators to sell the effects at auction on a credit of not less than six months, and to take from purchasers bond with good sureties, the defendant was in no default in making the sale, nor in taking the bond on that time. It follows, too, that he is only responsible in respect to the sufficiency of the bond for the... |
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Cases |
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| De la Croix v. Gaines |
13 La.Ann. 177, Supreme Court of Louisiana (March 01, 1858) |
1858 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Dean v. Nunnally |
7 George 358, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. WILL: LEGACY: SUIT AT LAW FOR, WITHOUT EXECUTOR'S ASSENT.-A legatee, whether general or special, after the lapse of twelve months from the grant of letters testamentary, and where it appears, that there are no debts or demands existing against the testator, for which his legacy is liable, may maintain an action at law, to recover his legacy... |
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Cases |
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| Deaton v. Munroe |
4 Jones Eq. 39, Supreme Court of North Carolina (June 01, 1858) |
1858 |
There are certain relations of social life, in which the persons stand in such confidential and fiduciary positions towards each other, that the Court of Equity views with a suspicious eye every dealing between them in respect to property. The intimacy existing between such persons is so great, and the means of exercising undue influence by one... |
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Cases |
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| Deel v. Berry |
21 Tex. 463, Supreme Court of Texas (January 01, 1858) |
1858 |
Where there is an agreement to pay in specific articles at a time fixed, the vendor or debtor becomes the first actor, and must tender the articles to save himself from default. Where the time is fixed, but not the place, and the articles are ponderous, the promisor must request the promisee to designate a convenient place of delivery. A debt to be... |
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Cases |
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| Delinger's Adm'r v. Higgins |
26 Mo. 180, Supreme Court of Missouri (January 01, 1858) |
1858 |
The writ in this case was issued August 23, 1856, to the sheriff of Cole county, and was returnable to the next term, in February. At the adjourned February term, in May, 1857, leave was given to the defendant to answer thirty days before the next term, and on the 28th of July following an answer was filed. The answer purports to state matter only... |
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Cases |
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| Delphine v. Guillet |
13 La.Ann. 248, Supreme Court of Louisiana (April 01, 1858) |
1858 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Derr v. McGinnis |
4 Jones Eq. 139, Supreme Court of North Carolina (August 01, 1858) |
1858 |
The donor, who was a very old man, and whose faculties were evidently impaired to some extent, had disposed of his estate by his will, and therein provided for a fair and equal division among his children, who were then living, and the children of his deceased child. This family settlement, as it may be termed, was at the time, concurred in by... |
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Cases |
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| Dial v. Dial |
21 Tex. 529, Supreme Court of Texas (January 01, 1858) |
1858 |
Appellants are the children of Isaac Dial and his wife, formerly Jane Patton, one of whom, Garlington Dial, is of age, and the others are minors, suing by their next friend Isaac Dial. The object of the suit is to recover certain property alleged to be held in trust for them by Garlington C. Dial, under the will of their grandfather Isaac Dial, who... |
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Cases |
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| Dickason v. Bell |
13 La.Ann. 249, Supreme Court of Louisiana (April 01, 1858) |
1858 |
Appeal from the District Court of West Feliciana, Haralson, J., presiding. |
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Cases |
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| Dinkgrave v. Sloan |
13 La.Ann. 393, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Union, Richardson, J. |
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Cases |
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| Ditto v. Geoghegan |
1 Met. 169, Court of Appeals of Kentucky (July 15, 1858) |
1858 |
1. The 1, 2 and 3 sections of the Revised Statutes, Art. 10, page 320 (which are identical in substance with the 14th section of the act of 1828--1 Stat. Law, 641), were intended to provide for the taking of delivery bonds on executions issuing upon original judgments only. And where a delivery bond was taken for property levied on under an... |
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Cases |
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| Dixon v. Houston |
6 George 636, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
PROBATE COURT: JURISDICTION: ASSIGNMENT OF DISTRIBUTIVE SHARE.-The Court of Probates has no jurisdiction to enforce an assignment, made by a distributee, of his interest in an estate, to a third person, nor to render a decree requiring an executor or administrator, to pay a share so assigned to the assignee. See Hill v. Hardy et al. 34 Miss. R.... |
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Cases |
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| Dixon v. McCue |
14 Gratt. 540, Supreme Court of Appeals of Virginia (August 28, 1858) |
1858 |
I have experienced no serious difficulty in coming to the conclusion that the appellant has wholly failed to make out a case on her original bill. I am not prepared to say that the period had not arrived when to postpone any longer a sale of the farm would have involved a plain disregard, by the executor, of the testator's intentions. The second,... |
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Cases |
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| Dodd v. Watson |
4 Jones Eq. 48, Supreme Court of North Carolina (June 01, 1858) |
1858 |
The bill is filed to stay waste, and for an account. The right to relief is put on two grounds. The Court is of opinion that it cannot be sustained. 1. In respect to the removal from the mill, by the defendant, J. W. B. Watson, of the mill-stone, saw, turning-lathe and grindstone, and the burning of the logs at one end of the same: One half of the... |
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Cases |
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| Domingo v. Getman |
9 Cal. 97, Supreme Court of California (January 01, 1858) |
1858 |
When a party has given a promissory note, and the payee assigns the note, without recourse, after maturity, and suit is brought upon the note by the assignee, the maker then files his bill against the assignor and assignee, alleging fraud in obtaining the note, and praying for an injunction, and that the note be canceled: Held, that the case was a... |
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Cases |
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| Drinkard v. Ingram |
21 Tex. 650, Supreme Court of Texas (January 01, 1858) |
1858 |
We are referred, on behalf of the appellant, to numerous decisions of the supreme court of Alabama, and to decisions of other courts, for the doctrine that after judgment has been recovered at law, a court of chancery will not interfere to afford relief against the judgment, on account of matter which would have been a good defense at law, unless... |
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Cases |
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| Duke v. Palmer |
10 Rich.Eq. 380, Court of Appeals of Equity of South Carolina (November 01, 1858) |
1858 |
Where the will gives an estate for life in chattels, with direction that at the death of the tenant for life, the chattels be sold and divided, the executors have no power to sell before the termination of the life estate, without leave of the Court. Where the wife has an expectant interest in chattels, though a transfer, or concurrence in the... |
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Cases |
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| Dunham v. Chatham |
21 Tex. 231, Supreme Court of Texas (January 01, 1858) |
1858 |
The presumption in favor of the community resulting from a deed made to either husband or wife, may be rebutted by proof that the purchase was with the separate funds of either partner; and when made to the wife, it may be shown to be for her benefit, not only from the advance by her of the purchase money, but if the funds be advanced from the... |
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Cases |
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| Dunlap v. Petrie's Ex'rs |
6 George 590, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. CONTRACT: RESCISSION: RATIFICATION: CASE IN JUDGMENT.A party who has affirmed the validity of a contract by attempting to enforce it by a suit, and by receiving the benefits thereof, cannot afterwards avoid it, for any infirmity in its original creation; and hence, where a distributee of an estate, filed a bill in equity against the... |
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Cases |
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| Dunlop v. Harrison's Ex'rs |
14 Gratt. 251, Supreme Court of Appeals of Virginia (February 24, 1858) |
1858 |
The doctrine of constructive conversion which has been somewhat discussed by the counsel has, I think, no application to the present case in the sense in which it is usually accepted and applied by courts of equity, and with the incidents which attend it in the view of those courts. The will in question here does not direct lands to... |
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Cases |
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| Durham v. Broddus |
26 Ga. 524, Supreme Court of Georgia (November 01, 1858) |
1858 |
Ought the Court to have granted the motion for a new trial? All the grounds of the motion, may be resolved into a single one-that the verdict was contrary to the evidence. The question then is, was the verdict contrary to the evidence. The day of the sale was the 3d of January, 1852. Was the woman unsound on that day? This is the question. Dr.... |
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Cases |
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| Ector v. Ector |
25 Ga. 274, Supreme Court of Georgia (March 01, 1858) |
1858 |
An execution is issued in 1841money is collected on it from the sale of defendant's property in 1846; in 1848, there is a return of no property; in 1850 money is raised on a fi. fa. in favor of the defendants, and paid over by order of Court to this execution, against him, which is receipted for on the fi. fa. by plaintiff's attorneys. Held,... |
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Cases |
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| Edney v. Edney |
4 Jones Eq. 127, Supreme Court of North Carolina (August 01, 1858) |
1858 |
The equity of the plaintiffs is put upon two grounds: That Pickett, the principal debtor, is entitled to an equitable set-off, by reason of an amount due him, in right of his wife, by the defendant, as executor of her father, and the plaintiffs, as sureties, are entitled to have the benefit of this set-off. In the second place, that by the... |
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Cases |
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| Elam v. Garrard |
25 Ga. 557, Supreme Court of Georgia (June 01, 1858) |
1858 |
Every person interested in the trust estate, ought to have been made a party to the suit. It is the object of a Court of Equity to do complete justice, and settle forever controversies before it. It cannot be done in such a case as that under consideration unless all the parties interested in the subject of the suit are before the Court. A person... |
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Cases |
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| Elfe v. Cole |
26 Ga. 197, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] The one year's support allowed by the Acts of 1838 and 1850, to the family of a testator or intestate, out of the effects of the estate, is paramount to the lien of a mortgage given by the deceased in his lifetime. [2.] The doctrine of mortgages considered, and the previous decisions of this Court upon this subject, reviewed and affirmed. The... |
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Cases |
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| Ellis v. Clarke |
19 Ark. 420, Supreme Court of Arkansas (January 01, 1858) |
1858 |
In actions upon judgments, the defendants are estopped from setting up any matter, in defence, that was actually determined or that might have been litigated in the proceedings on which the recovery was hadas where in an action upon a judgment rendered against husband and wife, they attempt to set up the coverture of the wife when the... |
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Cases |
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| Etheredge v. Partain |
10 Rich.Eq. 207, Court of Appeals of Equity of South Carolina (May 01, 1858) |
1858 |
A defendant is a competent witness for his co-defendants upon all issues in which he has no interest, though upon other matters a decree might be rendered against him-the contingent liability for costs not being sufficient to exclude him. The depositary of certain choses, upon bill filed against her and others who claimed title through her,... |
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Cases |
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| Evans v. Billingsley's Adm'r |
32 Ala. 395, Supreme Court of Alabama (January 01, 1858) |
1858 |
[ASSUMPSIT FOR MONEY PAID.] APPEAL from the Circuit Court of Perry. Tried before the Hon. ROBT. DOUGHERTY. |
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Cases |
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| Ex parte Bushnell |
8 Ohio St. 599, Supreme Court of Ohio (December 01, 1858) |
1858 |
A motion to quash an indictment upon arraignment thereon, addresses itself to the sound discretion of the court, and is never granted except in very clear cases, but the defendant is left to raise the question in a more formal way by demurrer or motion in arrest of judgment. The refusal to grant a motion to quash, cannot be regarded as a final... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Ex parte Everts |
1 Bond 197, Circuit Court, SD Ohio (October 01, 1858) |
1858 |
Truman C. Everts, the relator, has filed his petition in this court, for a writ of habeas corpus, averring that he is a citizen of Kentucky, and that in 1849 he was married at Dayton Ohio, to Eloise H. Morrison, and that in September, 1850, a daughter was born to the parties, named Bessie; that in September, 1856, by reason of the improper conduct... |
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Cases |
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| Ex parte Newman |
9 Cal. 502, Supreme Court of California (April 01, 1858) |
1858 |
Per Terry, C. J.--The Act of April, 1858, for the better observance of the Sabbath, is in conflict with the first and fourth sections of article first of the Constitution of this State, and is therefore void. The Constitution, when it forbids discrimination or preference in religion, does not mean merely to guarantee toleration, but... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Ex parte Peterson |
33 Ala. 74, Supreme Court of Alabama (June 01, 1858) |
1858 |
[APPLICATION FOR PROHIBITION.] |
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Cases |
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| Exum v. Brister |
6 George 391, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. LAND LAWS: PATENT UNDER ACT OF 1852, CH. 16, § 15, NEED NOT BE SIGNED BY SECRETARY OF STATE.-It is not necessary that a patent for land, issued under the Act of 15th of March, 1852 (Session Laws, ch. 16, § 15), should be signed by the Secretary of State; it is sufficient if it be signed by the Governor, and sealed with the great seal of the... |
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Cases |
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| Eyre v. Jacob |
14 Gratt. 422, Supreme Court of Appeals of Virginia (May 24, 1858) |
1858 |
The act of March 2d, 1854, § 15, which imposes a tax upon collateral inheritances, is within the constitutional powers of the general assembly, and is still in force. John Eyre, late of the county of Northampton, departed this life the 19th of June 1857, leaving neither father, mother, wife, brother, sister, or lineal descendant. He left a... |
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Cases |
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| Fancher v. DeMontegre |
1 Head 40, Supreme Court of Tennessee (September 01, 1858) |
1858 |
1. The objection to the register's certificate upon the deed from Duguide and Curtis, to the plaintiff below has nothing in it. The courts will take judicial notice of the registers of counties. Mr. Greenleaf (1 Greenl. on Ev., sec. 6), says, courts will take notice of marshals and sheriffs, and the genuineness of their signatures. 2. The next... |
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Cases |
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| Farnsworth v. Bell |
5 Sneed (TN) 531, Supreme Court of Tennessee (September 01, 1858) |
1858 |
In this case, we are of the opinion that the deed of conveyance from Joseph E. Bell to Benjamin F. Bell, of date the 29th of January, 1849, was made to hinder and delay the complainant in the collection of the judgment, that he might obtain in the suit then pending against Joseph E. Bell, for slander; and that, therefore, it is fraudulent and void.... |
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Cases |
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| Fath v. Meyers' Adm'r |
27 Mo. 568, Supreme Court of Missouri (October 01, 1858) |
1858 |
The Circuit Court erred in permitting evidence to be introduced as to the correctness with which plaintiff's books were kept. Connecting that evidence with general statements of other witnesses, to the effect that Meyers was in the habit of having his blacksmith's work done at the plaintiff's shop, and also with evidence as to the extent of Meyers'... |
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Cases |
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| Fitzpatrick v. U.S. |
, United States Court of Claims (May 14, 1858) |
1858 |
In the year 1836, when the war with the Seminole Indians, in Florida, commenced, the petitioner was the owner of a plantation on the Miami river, in that State. Some time in that year the plantation was occupied by a part of the naval forces of the United States, under the command of Lieutenant Powell, who built block-houses, pickets, &c., thereon... |
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Cases |
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| Flanagan v. State Bank |
32 Ala. 508, Supreme Court of Alabama (January 01, 1858) |
1858 |
[BILL IN EQUITY FOR REFORMATION OF DEED.] APPEAL from the Chancery Court of Marengo. Heard before the Hon. WADE KEYES. |
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Cases |
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