| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Lott's Ex'rs v. De Graffenreid |
10 Rich.Eq. 346, Court of Appeals of Equity of South Carolina (November 01, 1858) |
1858 |
A bill to set aside a deed for fraud upon creditors of the grantor, is barred after four years from the date of the deed, although the grantor reserves a life interest in the land conveyed. Recording of a deed of land is notice to the creditors of the grantor. Where the plaintiffs are executors, and the statute of limitations commenced running in... |
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Cases |
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| Lowry v. McMillan |
6 George 147, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
1. PROBATE COURT: JURISDICTION: EXECUTOR AND ADMINISTRATOR: DISTRIBUTION.-The Court of Probates has the power to determine who are the distributees of an estate, and to compel the administrator to deliver the assets in his hands, to the persons adjudged by the court to be entitled to the same by distribution; and hence, where an administrator,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Ludwig v. Combs |
1 Met. 128, Court of Appeals of Kentucky (June 30, 1858) |
1858 |
1. The rule which prohibits the creation of perpetuities, as applied to a deed in which the grant is good in part and void for remoteness as to the residue, is, that the limitation must, beyond contingency, take effect within twenty-one years and nine months after a life or lives in being at the time of its creation. Otherwise, the limitation is... |
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Cases |
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| Lunday v. Thomas |
26 Ga. 537, Supreme Court of Georgia (November 01, 1858) |
1858 |
[1.] When a witness is sworn by one party, in chief, the other party has, in general, the right to cross-examine him at large. [2.] Parol evidence to show fraud in a written agreement, is admissible. [3.] When a writing is beyond the jurisdiction of the Court, verbal evidence of its contents is admissible. [4.] The part which the agent takes in... |
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Cases |
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| Lusk v. Church |
13 La.Ann. 360, Supreme Court of Louisiana (June 01, 1858) |
1858 |
Appeal from the Fifth District Court of New Orleans, Eggleston, J. |
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Cases |
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| Lusk v. Swayze |
6 George 155, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
EXECUTOR AND ADMINISTRATOR: DISTRIBUTION BY AGREEMENT OF THE HEIRS.-A delivery by the administrator, to one of the distributees, of a personal chattel, under an agreemeut that he should retain possession during his life, and afterwards it should go to the other distributees, who all acquiesced in the agreement, is a complete act of administration:... |
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Cases |
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| Lutz v. Forbes |
13 La.Ann. 609, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the Parish of St. Landry, Martel, J. |
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Cases |
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| Mackie v. Davis |
13 La.Ann. 475, Supreme Court of Louisiana (August 01, 1858) |
1858 |
Appeal from the District Court of the parish of Winn, Chaplin, J. |
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Cases |
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| Macon & W.R. Co. v. Winn |
26 Ga. 250, Supreme Court of Georgia (June 01, 1858) |
1858 |
Courts will interfere cautiously with the verdicts of juries in cases of tort, merely on account of the excess of the damages. They will, nevertheless, set them aside, and send the case back for the consideration of another jury, where the amount is so extravagantly large as to leave no room to doubt but that the jury were governed by passion,... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Magee v. Keegan |
6 George 244, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
GUARDIAN AND WARD: STATUTE OF LIMITATIONS BARS GUARDIAN AS TO PROPERTY CONCEDED BY HIM TO BELONG TO WARD.-If a guardian, under a mistake of law as to the title, return his own property as the property of his ward, and continue to so treat it for a period of eight years, his right will be barred by the Statute of Limitations, and the title to the... |
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Cases |
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| Marciacq v. The H.M. Wright |
13 La.Ann. 27, Supreme Court of Louisiana (January 01, 1858) |
1858 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
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Cases |
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| Mardis v. Mardis' Heirs |
13 La.Ann. 236, Supreme Court of Louisiana (April 01, 1858) |
1858 |
Appeal from the District Court of Concordia, Haralson, J. |
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Cases |
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| Marlatt v. Scantland |
19 Ark. 443, Supreme Court of Arkansas (January 01, 1858) |
1858 |
Upon the dissolution of a co-partnership by the death of one of the partners, the survivor has the right to take possession of the co-partnership assets and settle up the affairs of the joint concern. If co-partnership assets come to the possession of the administrator of a deceased partner, and are actually administered into his estate, the... |
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Cases |
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| Marley v. Cummings |
5 Sneed (TN) 479, Supreme Court of Tennessee (September 01, 1858) |
1858 |
This was an insolvent bill for the administration of D. McCallum's estate, in the chancery court of Knox. The bill was filed prior to the October Term, 1852, of said court; and at the term, an order was made, directing the creditors of the estate to file their claims with the master. In December, 1852, Mrs. McCallum, the widow of the intestate,... |
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Cases |
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| Marshall v. Simpson |
13 La.Ann. 437, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Caddo, Creswell, J. |
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Cases |
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| Marshall v. Watrigant |
13 La.Ann. 619, Supreme Court of Louisiana (December 01, 1858) |
1858 |
Appeal from the Sixth District Court of New Orleans, Cotton, J. |
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Cases |
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| Martin v. Boler |
13 La.Ann. 369, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Franklin, Mayo, J. |
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Cases |
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| Martin v. Jefcoat |
10 Rich.Eq. 118, Court of Appeals of Equity of South Carolina (May 01, 1858) |
1858 |
Where an administrator neglects, in good faith, to litigate a doubtful claim of his intestate, whereby it is lost to the distributees, he is not liable; to make him liable, fraud or negligence must be shown. |
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Cases |
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| Martin v. State |
25 Ga. 494, Supreme Court of Georgia (June 01, 1858) |
1858 |
Green Martin having been convicted of murder at the March Term, 1858, of the Superior Court of Washington county, moved for a new trial, on eight grounds, as will appear in the Reporter's statement. The first three grounds may be considered together, namely, that the verdict was contrary to law, to the evidence and weight of evidence. The meaning... |
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Cases |
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| Massey v. Calhoun |
26 Ga. 127, Supreme Court of Georgia (June 01, 1858) |
1858 |
The 20th section of the Act of 1851-2 (Pamphlets pp. 97 98) provides That it shall not be lawful for the Ordinary, nor any legal partner of said Ordinary, to practice in said Court of Ordinary, or be retained as counsel in any cause originating in said Court and carried by appeal or writ of error to any higher Court; nor shall said Ordinary or his... |
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Cases |
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| Matthews v. Matthews |
13 La.Ann. 197, Supreme Court of Louisiana (March 01, 1858) |
1858 |
Appeal from the District Court of the parish of Pointe Coupée, Cooley, J. |
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Cases |
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| Matthews v. Robinson |
33 Ala. 320, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY TO ENJOIN GARNISHMENT PROCEEDINGS.] APPEAL from the Chancery Court of Wilcox. Heard before the Hon. WADE KEYES. |
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Cases |
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| May v. May's Adm'r |
33 Ala. 203, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY TO HAVE ABSOLUTE DEED DECLARED MORTGAGE.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| McAllister v. Thompson |
32 Ala. 497, Supreme Court of Alabama (January 01, 1858) |
1858 |
[APPEAL FROM DECREE OF PARTIAL DISTRIBUTION.] APPEAL from the Probate Court of Marengo. |
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Cases |
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| McAlpine v. Jones |
13 La.Ann. 409, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Ouachita, Richardson, J. |
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Cases |
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| McBride v. Williams |
4 Jones Eq. 268, Supreme Court of North Carolina (December 01, 1858) |
1858 |
A limitation in a deed of marriage settlement: to the husband and wife during their joint lives, and to the survivor, and if the wife should survive, then the trustees should, at her request, convey the property to her, and if she should die without making such request, then, to such child or children, as she might leave, and if she should die... |
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Cases |
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| McClellen v. Hetherington |
10 Rich.Eq. 202, Court of Appeals of Equity of South Carolina (May 01, 1858) |
1858 |
An executor, who was a devisee and legatee, allowed his counsel fee in establishing the will before the Ordinary in solemn form; the devise to himself and the legacies being charged rateably in proportion to value. |
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Cases |
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| McClure v. King |
13 La.Ann. 141, Supreme Court of Louisiana (March 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Tensas, Farrar, J. |
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Cases |
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| McCullough v. Gliddon |
33 Ala. 208, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY BY CREDITOR, TO SUBJECT WIFE'S SEPARATE ESTATE, CREATED BY DEED, TO PAYMENT OF CHARGE.] APPEAL from the Chancery Court at Mobile. Heard before the Hon. WADE KEYES. |
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Cases |
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| McDowell v. Preston |
26 Ga. 528, Supreme Court of Georgia (November 01, 1858) |
1858 |
Notwithstanding, no one of the grounds separately considered, would be strong enough to entitle a party to a new trial; yet when taken altogether injustice seems to have been done, the Court will award a re-hearing. To discredit or weaken the testimony of a witness, it is not enough to show, that the witness was in the habit of using laudanum. The... |
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Cases |
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| McElwee v. Massey |
10 Rich.Eq. 377, Court of Appeals of Equity of South Carolina (November 01, 1858) |
1858 |
Where a demurrer for multifariousness is sustained, the plaintiff may, if the demurrer goes only to part of the bill, leaving other parts untouched and maintainable against all the defendants, obtain leave to amend the bill by striking out the objectionable parts. Where the demurrer goes to the whole bill, the Court will sometimes withhold a... |
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Cases |
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| McFaddin v. Vincent |
21 Tex. 47, Supreme Court of Texas (January 01, 1858) |
1858 |
We are of opinion that the issues arising on the pleadings and facts of this case, were properly presented by the court to the jury. Nor can we say that the jury were not warranted, in the verdict which they found on them, by the evidence. The main question was whether or not Vincent was of weak mind, by which he was liable to be, and was,... |
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Cases |
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| McGehee v. Polk |
24 Ga. 406, Supreme Court of Georgia (January 01, 1858) |
1858 |
[1.] When a bill praying for a writ of ne exeat is verified in the usual form of affidavits to bills in equity, resort must be had to the charges in the bill to decide whether the facts are sufficient to entitle the complainants to the writ. [2.] By the English writ of ne exeat regno, the defendant was bound not to go beyond seas without leave of... |
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Cases |
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| McIntyre v. Ingraham |
6 George 25, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
1. STATUTES, CONSTRUCTION OF.In construing statutes, the inquiry is not as to the abstract force of the words used, but in what sense the Legislature intended to use them; and this sense is to be collected from the context; and a narrower or more extended meaning will be given according to the intention thus indicated. See Mitchell v.... |
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Cases |
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| McKay v. Friebele |
8 Fla. 21, Supreme Court of Florida (January 01, 1858) |
1858 |
1. Where the demurrer is to the whole declaration, and it is found to contain one good count, the judgment on the demurer must be for the plaintiff. 2. A variance between the amount of damages laid in the praecipe and that in the declaration, affords no ground upon which to predicate a writ of error. 3. Where an amendment in matter of form is... |
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Cases |
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| McLaren v. Long |
25 Ga. 708, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] In a case of deceit, the purchaser does not lose all right of action, by using the thing purchased, after he discovers the deceit, or even, after a tender back of the thing and a refusal to receive it. [2.] In an action of deceit, if the property is of any value, that value must be allowed to the defendant, in the assessment of the damages.... |
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Cases |
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| McLaughlin v. Sauve |
13 La.Ann. 99, Supreme Court of Louisiana (February 01, 1858) |
1858 |
Appeal from the District Court of the Parish of Jefferson, Burthe, J. |
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Cases |
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| McLendon v. Woodward |
25 Ga. 252, Supreme Court of Georgia (March 01, 1858) |
1858 |
I rather regret not having followed the inclination of my mind, at the time, and dissented from the judgment of affirmance in this case, leaving the opinion of the Court to be written out by one of my brethren. But as the bill was retained in Court, by awarding to the complainants the right to amend, I acquiesced. As a whole, it occurred to me, at... |
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Cases |
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| McLeroy v. McLeroy |
25 Ga. 100, Supreme Court of Georgia (March 01, 1858) |
1858 |
When there is an adequate remedy at law, equity will not interfere. Equity, from Pike county. Edward J. McLeroy, as guardian of Charles W. McLeroy, (the minor child of James McLeroy and Eliza W. McLeroy, formerly Eliza W. Gilden) filed his bill in equity for an injunction, under the following circumstances: The said Eliza McLeroy, then Eliza... |
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Cases |
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| McMillan v. Reynolds |
11 Cal. 372, Supreme Court of California (October 01, 1858) |
1858 |
The affidavit of service of summons must show affirmatively, compliance with all the requirements of the law. An affidavit which avers that affiant on the day named served the summons in this action upon the defendant, Mary B. McMillan, at her residence in the city of San Francisco, by delivering and leaving with her a copy thereof, attached... |
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Cases |
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| McRary v. Fries |
4 Jones Eq. 233, Supreme Court of North Carolina (December 01, 1858) |
1858 |
Where an insolvent debtor had a resulting interest in a deed of trust, it was Held that an assignment of it, by him, after a judgment creditor had commenced a suit in equity to subject such resulting trust to the payment of his debt, should be postponed to the debts sought to be secured by such suit. A discretion left in a trustee, as to what debts... |
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Cases |
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| McWillie v. Van Vacter |
6 George 428, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. PROBATE COURT: JURISDICTION OF: ECCLESIASTICAL COURTS.-In the absence of statutory direction, the modes of proceeding in the Ecclesiastical Courts in England, are, from reasons of convenience, adopted in the Court of Probates; but questions of jurisdiction must be determined by reference to the Constitution of the State, and not to the... |
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Cases |
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| Meadows v. Dick |
13 La.Ann. 377, Supreme Court of Louisiana (July 01, 1858) |
1858 |
Appeal from the District Court of the parish of Union, Egan, J. |
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Cases |
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| Meek v. Perry |
7 George 190, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
CONSTRUCTION: FRAUD: TRANSACTIONS BETWEEN GUARDIAN AND WARD, ETC.: RULE IN RELATION.The law watches, with the greatest jealousy, transactions and dealings between guardian and ward, attorney and client, and other persons standing to each in the relation of authority on the one hand, and dependence and confidence on the other; and will not... |
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Cases |
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| Megowan v. Way |
1 Met. 418, Court of Appeals of Kentucky (December 14, 1858) |
1858 |
1. A conveyance of real estate to a trustee in these words: After my death, to be held for the use and benefit of my son, W. P. C., and such other child or children as I may hereafter have, and to be conveyed to them, in equal portions, as they attain, provided they attain, the age of twenty-one years, conveys no vested interest in remainder; it... |
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Cases |
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| Meriwether v. Vaulx |
5 Sneed (TN) 300, Supreme Court of Tennessee (April 01, 1858) |
1858 |
This was an action of ejectment instituted in the circuit court of Obion county in the year 1850, by the defendants in error, to recover of the widow and heirs of Richard T. Meriwether, a tract of land in said county. Verdict and judgment were rendered for the plaintiffs below, for the land claimed in the declaration, except seventy-three acres--a... |
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Cases |
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| Mims v. Mims |
33 Ala. 98, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY BY WIFE FOR PERMANENT ALIMONY.] APPEAL from the Chancery Court at Claiborne. Heard before the Hon. WADE KEYES. |
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Cases |
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| Mitchell v. Mitchell |
6 George 108, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
1. HUSBAND AND WIFE: WIFE ENTITLED TO MONEY AS HER SEPARATE ESTATE UNDER THE ACT OF 1839.Money is embraced in the legal term property, and hence is within the provisions of the first section of the Married Woman's Law, of 1839, which enacts, that any married woman may become seised or possessed of any property, real or... |
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Cases |
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| Montgomery v. Chaney |
13 La.Ann. 207, Supreme Court of Louisiana (April 01, 1858) |
1858 |
Appeal from the District Court of East Feliciana, Ratliff, J. |
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Cases |
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| Moore v. Lesueur |
33 Ala. 237, Supreme Court of Alabama (June 01, 1858) |
1858 |
[BILL IN EQUITY BY ADMINISTRATOR FOR SETTLEMENT OF ESTATE.] APPEAL from the Chancery Court of Marengo. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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