| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Kirkpatrick v. Atkinson |
11 Rich.Eq. 27, Court of Appeals of Equity of South Carolina (May 01, 1859) |
1859 |
Where an issue at law is ordered, the verdict of the jury, though approved of by the presiding Judge, is not obligatory on the Chancellorhe may direct a new trial, or even decide the cause in opposition to the verdict. Upon an appeal from a Circuit Chancellor's decree, refusing to order a new trial at law, it is incumbent on the appellant to... |
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Cases |
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| Knight v. Brawner |
14 Md. 1, Court of Appeals of Maryland (June 10, 1859) |
1859 |
This is an appeal from the equity side of the Circuit Court for Charles County. The bill was filed on the 28th of February 1855, by the appellants against one John H. Nelson, and the appellees, who were the sureties of Nelson, on his bond, as executor of the last will of Mary M. Nelson, deceased. The object of the bill is to recover a legacy... |
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Cases |
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| Knight v. Knight |
28 Ga. 165, Supreme Court of Georgia (March 01, 1859) |
1859 |
1 When a verbal contract, as to land, has been so largely acted on as to be almost fully performed on both sides, the effect is to take the case out of our statute of frauds. 2 The consideration of a note was expressed to be, value received. Held, that verbal evidence, that an agreement was the consideration of the note, would not be... |
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Cases |
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| Knox v. Pulliam |
14 La.Ann. 123, Supreme Court of Louisiana (February 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Pointe Coupée, Ratliff, J. |
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Cases |
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| Koonce v. Wallace |
7 Jones (NC) 194, Supreme Court of North Carolina (December 01, 1859) |
1859 |
Where, at the time of a marriage, the female was under the age of fourteen, and the parties continued to live together as man and wife, after she reached that age, it was Held that there is nothing in the statute, Rev. Code, ch. 69, sec. 14, to abrogate the rule of common law, that such living together as man and wife, after the age of consent,... |
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Cases |
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| Kyle v. Taylor |
2 Met. 47, Court of Appeals of Kentucky (June 13, 1859) |
1859 |
Where a married woman, in conjunction with her husband, sues the personal representative of a testator for a legacy bequeathed to her by the testator, and the will recognizes the existence of some right on her part to land devised by him to another, and provides that the legacy shall be diminished to the extent of any interest she may successfully... |
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Cases |
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| Lamb v. Girtman |
26 Ga. 625, Supreme Court of Georgia (January 01, 1859) |
1859 |
[1.] The Court was requested to charge, that if the testator might have seen the attestation, it is sufficient; that it is not necessary, that he should actually have seen the attestation. The Court refused to give this charge, but said, if the attestation be in the same room, this is the law; otherwise, it... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Langdon v. Summers' Adm'r |
10 Ohio St. 77, Supreme Court of Ohio (December 01, 1859) |
1859 |
A sheriff having returned upon an execution property sold and money made in full; and, pending a motion to amerce him for not having paid over the money, on leave of the court, amended his return by stating that the property, by order of plaintiff and defendant in execution, was sold upon a credit, and money not paid, except a small... |
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Cases |
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| Lawton v. Tison |
12 Rich. 88, Court of Appeals of Law of South Carolina (January 01, 1859) |
1859 |
Where A. has acquired a legal right to the use of a road over B.'s land, a new road may, by parol agreement between them, be substituted for the old-the act of opening the new road by B. being a dedication of it to the use of A. But if the old road had been abandoned before the new road was opened, then there could be no substitution. |
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Cases |
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| Lennard v. Jones |
27 Ga. 309, Supreme Court of Georgia (January 01, 1859) |
1859 |
When it is sought to charge the husband, as trustee, and the proof shows he never accepted the trust, it is not competent for the plaintiff to strike out the name of the husband, and substitute that of the wife as cestui que trust. Assumpsit, from Randolph county. Benjamin F. Lennard, bearer, brought suit against John H. Jones, trustee of Mary A.... |
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Cases |
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| Levy v. Darden |
9 George 57, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. HUSBAND AND WIFE: RIGHT OF WIFE TO SUE IN RELATION TO HER SEPARATE ESTATE.The statutes of this State have conferred upon a married woman the general capacity to sue at law jointly with her husband in relation to her separate estate, whether held under the statute, or under a deed; and hence, when the coverture of the wife is relied on in... |
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Cases |
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| Lewis v. Morgan |
14 La.Ann. 401, Supreme Court of Louisiana (May 01, 1859) |
1859 |
Appeal from the District Court of the Parish of St. Helena, Wilson, J. |
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Cases |
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| Little v. Bennett |
5 Jones Eq. 156, Supreme Court of North Carolina (December 01, 1859) |
1859 |
Where a testator gave to his wife, for whom he had a great affection, and who had no other provision, all his property to raise and educate his children, and to dispose of the same among all of them, as their circumstances might seem to require, and to sell any of it for the benefit of her family, and appointed her sole executrix, it was Held that... |
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Cases |
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| Little v. McLendon |
5 Jones Eq. 216, Supreme Court of North Carolina (December 01, 1859) |
1859 |
The only questions which the counsel for the plaintiff, in his argument before us, has presented for our consideration, and upon which he has asked for a decision, are, whether under the fifth clause of the will of the testator, Christopher McRae, the femes covert therein named, took estates to their sole and separate use, and if they did, whether,... |
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Cases |
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| Logan v. Hickman |
14 La.Ann. 300, Supreme Court of Louisiana (April 01, 1859) |
1859 |
Appeal from the Third District Court of New Orleans, Duvigneaud, J. |
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Cases |
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| Lott v. Cloud |
23 Tex. 254, Supreme Court of Texas (January 01, 1859) |
1859 |
On the authority of Eccles v. Daniels, 16 Tex. 136, the judgment that the plaintiffs take nothing by their suit, was rightly rendered. There was no ignorance or mistake of fact, and no fraudulent representation by the holder of the claim. The plaintiffs did not make out a case to entitle them to relief. But there was no pleading by the defendant to... |
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Cases |
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| Lowry v. McGee |
3 Head 269, Supreme Court of Tennessee (September 01, 1859) |
1859 |
This case is important in its principles as well as the amount involved. It is a claim against the defendants, as the heirs and representatives of John McGee, now deceased, for a large amount, on account of a failure on his part to perform certain trusts for the benefit of complainant. The facts of the case, so far as they are necessary for the... |
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Cases |
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| Loyd v. Mortee |
14 La.Ann. 107, Supreme Court of Louisiana (February 01, 1859) |
1859 |
Appeal from the District Court of the Parish of St. Tammany, Wilson, J. |
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Cases |
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| Lucas v. Nichols |
7 Jones (NC) 32, Supreme Court of North Carolina (December 01, 1859) |
1859 |
The evidence offered by the plaintiff on the trial of this cause, and rejected by the Court, was properly rejected. The bond taken by the defendant to indemnify himself against an adverse result of the suit, was offered as pertinent to prove the plaintiff's case--the speaking of the words. If pertinent at all, it must be as an admission of guilt,... |
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Cases |
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| Lucas v. Oliver |
34 Ala. 626, Supreme Court of Alabama (June 01, 1859) |
1859 |
[BILL IN EQUITY FOR REDEMPTION OF MORTGAGED PROPERTY.] APPEAL from the Chancery Court of Macon. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Lucas v. Parsons |
27 Ga. 593, Supreme Court of Georgia (March 01, 1859) |
1859 |
[1] Where the verdict is strongly and decidedly against the evidence, the judgment of the Court below, refusing a new trial, will be reversed. MCDONALD J. dissenting. [2.] The terms of a proposition to compromise made to a party, and his reply thereto, are admissible in evidence against him.MCDONALD J. dissenting. Caveat to will, in... |
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Cases |
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| Macon & W.R. Co. v. Davis |
27 Ga. 113, Supreme Court of Georgia (January 01, 1859) |
1859 |
[1.] If there be a joint administration, and only one administrator sue, the non-joinder of the other can only be taken advantage of by plea in abatement, and that being a dilatory plea, the truth of it mus be sworn to. If the administrator, not joined, be a femme, and she marry during the pendency of the action, it is not necessary to amend the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Maddox v. Allen |
1 Met. 495, Court of Appeals of Kentucky (January 05, 1859) |
1859 |
1. Under the law, as it stood before the adoption of the Revised Statutes, the general residuary legatee was entitled, in that character, to whatever personal estate might fall into the residue after the making of the will, by lapse, invalid disposition, or other accident; but it devolved upon such legatee to prove the facts necessary to show that... |
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Cases |
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| Magee v. White |
23 Tex. 180, Supreme Court of Texas (January 01, 1859) |
1859 |
The separate property of the wife cannot be charged with the debts of the husband, contracted for necessaries for himself, notwithstanding he may be insolvent. 5 Tex. 195; 10 Tex. 123; 11 Tex. 329; 18 Tex. 644; 19 Tex. 346; 20 Tex. 374; 27 Tex. 255; 30 Tex. 145. In order to charge the wife's separate estate with debts contracted for necessaries for... |
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Cases |
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| Mandel v. Peay |
20 Ark. 325, Supreme Court of Arkansas (May 01, 1859) |
1859 |
Where the validity of the claim of a preferred creditor, in a deed of trust, is not put in issue in a proceeding in equity in relation to the trust, it is not necessary that he produce other evidence of the genuineness of his claim than the recital in the trust deed; but if the Chancellor has cause to suspect the validity of a claim, so provided... |
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Cases |
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| Marr v. Marr |
2 Head 303, Supreme Court of Tennessee (April 01, 1859) |
1859 |
This case is now before us the second time. It is a suit for the probate of the will of G. W. S. Marr, deceased, upon an issue of devisavit vel non in the Circuit Court of Obion. This appeal in error is to reverse a judgment against the validity of the will, upon the new trial granted to the plaintiffs at our last term. We then reversed upon errors... |
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Cases |
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| Marshall v. Drawhorn |
27 Ga. 275, Supreme Court of Georgia (January 01, 1859) |
1859 |
When a party seeks to reform a contract, he should state distinctly what the true agreement was, which was intended to be expressed in the writing; and if the bill alleges contradictory statements, the defendant is entitled to abide by that most favorable to him. Patent defects, to which the attention of the buyer is called, and against which he... |
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Cases |
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| Martin v. McConnell |
29 Ga. 204, Supreme Court of Georgia (August 01, 1859) |
1859 |
We concur with the Court below in the construction put upon the will of Joseph McConnell, deceased, namely: that Sarah Wardlaw, the widowed daughter of the testator, took an equal share only of her father's estate, to be determined at the division, (the death of Mary McConnell his wife.) That this was a vested remainder; and consequently goes to... |
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Cases |
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| Mason v. Pate's Ex'r |
34 Ala. 379, Supreme Court of Alabama (June 01, 1859) |
1859 |
[FINAL SETTLEMENT AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Sumter. |
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Cases |
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| Matta v. Henderson |
14 La.Ann. 473, Supreme Court of Louisiana (May 01, 1859) |
1859 |
Appeal from the District Court of the Parish of West Feliciana, Haralson, J. |
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Cases |
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| Mavor v. Armant |
14 La.Ann. 181, Supreme Court of Louisiana (March 01, 1859) |
1859 |
Appeal from the District Court of the Parish of St. James, Duffel, J. |
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Cases |
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| McAlister v. Holton |
6 Jones (NC) 331, Supreme Court of North Carolina (June 01, 1859) |
1859 |
Assuming that the recital of the fact, that the title of the bargainor was derived from John McAlister, is a sufficient reference to the deed of 1813, to constitute it a part of the deed of 1829, for the purpose of construction, according to Ritter v. Barrett, 4 Dev. and Bat. 133, and assuming also, that the legal effect of the deed of 1813, was to... |
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Cases |
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| McCaleb v. Fluker's Estate |
14 La.Ann. 316, Supreme Court of Louisiana (April 01, 1859) |
1859 |
Appeal from the District Court of the Parish of East Feliciana, Ratliff, J. |
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Cases |
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| McCarty v. State |
8 George 411, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. CRIMINAL LAW: RAILROAD LAW: REPEAL OF PRIOR STATUTES BY REV. CODE.So much of the charter of the Mississippi Central Railroad Company, as makes provision for the punishment of persons placing obstructions on the track of the road, is a public law of the State; and being in relation to a subject which is made a matter of special provison by... |
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Cases |
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| McCollum v. McCollum's Ex'r |
33 Ala. 711, Supreme Court of Alabama (January 01, 1859) |
1859 |
[PETITION FOR SALE OF PERSONAL PROPERTY OF DECEDENT'S ESTATE.] APPEAL from the Probate Court of Fayette. |
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Cases |
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| McCorkle v. Montgomery |
11 Rich.Eq. 114, Court of Appeals of Equity of South Carolina (November 01, 1859) |
1859 |
Where there are strong circumstances of suspicion against a judgment confessed by a son to his father, the father, on bill filed by creditors impeaching the judgment for want of consideration, should show the consideration by other evidence than his own oath. Where a judgment is set aside for fraud and want of consideration, and a reference is... |
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Cases |
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| McCune v. McMichael |
29 Ga. 312, Supreme Court of Georgia (August 01, 1859) |
1859 |
We see no error in the record in this case, except the refusal of the Court to charge as requested; that if the defendant when he purchased, had knowledge of the plaintiff's title; Ruth J. McCune is not estopped from recovering the property, notwithstanding her declarations to Judge STARK and others, unless it was shown that McMichael had knowledge... |
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Cases |
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| McCutcheon v. Angelo |
14 La.Ann. 34, Supreme Court of Louisiana (January 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Plaquemines, Foulhouze, J. |
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Cases |
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| McDermott v. Cannon |
14 La.Ann. 313, Supreme Court of Louisiana (April 01, 1859) |
1859 |
Appeal from the Fifth District Court of New Orleans, Eggleston, J. |
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Cases |
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| McDonald v. McDonald |
5 Jones Eq. 211, Supreme Court of North Carolina (December 01, 1859) |
1859 |
The proofs satisfy us beyond a doubt, that the instrument which the plaintiff seeks to impeach was obtained by the defendant fairly and without fraud, or the exercise of any under influence; that the plaintiff was, at the time when he executed it, entirely capable in law to do so; that he fully understood its import and meaning; and that the... |
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Cases |
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| McDonald v. Vaughan |
14 La.Ann. 716, Supreme Court of Louisiana (July 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Ouachita, Mayo, J. |
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Cases |
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| McGinnis v. Harris |
7 Jones (NC) 213, Supreme Court of North Carolina (December 01, 1859) |
1859 |
In the will, which is made a part of the case agreed, the testator, after devising and bequeathing to his wife for life, all his estate, real and personal, adds the following clauses: In the event of my wife's death, all my real and personal property to pass to my nephew and niece, William Brice and Martha L. Harris, either of whom dying without... |
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Cases |
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| McKellar v. Couch |
34 Ala. 336, Supreme Court of Alabama (June 01, 1859) |
1859 |
[ACTION ON THE CASE FOR WRONGFUL AND MALICIOUS ATTACHMENT.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. WM. M. BROOKS. |
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Cases |
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| McKenzie, Cadow & Co. v. Barnes |
12 Rich. 205, Court of Appeals of Law of South Carolina (May 01, 1859) |
1859 |
Where there is no suspicion of unfairness, it is a sufficient compliance with the rule of Court requiring Commissioners to take testimony, to write their names across the seals, for the Commissioners to write their names across the face of the envelope, the seals being on the other side. If defendant be rendered by his bail after judgment, and... |
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Cases |
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| McKnight v. Wright |
12 Rich. 232, Court of Appeals of Law of South Carolina (May 01, 1859) |
1859 |
Where a will is offered for probate by the person who drew it, and who takes a large interest under it, if it appears that the capacity of the testator was weak, and other circumstances of suspicion are shown, there must be strong and satisfactory evidence, beyond the mere proof of execution, that the testator knew the contents of the will, and... |
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Cases |
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| McLean v. Fulford |
14 La.Ann. 711, Supreme Court of Louisiana (July 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Jackson, Richardson, J. |
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Cases |
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| McLin v. Williams |
28 Ga. 482, Supreme Court of Georgia (June 01, 1859) |
1859 |
The questions are two: Were the creditors of the defendant in trover entitled to the money? or was the plaintiff in trover entitled to it? The court held that the creditors were entitled to it. We think that neither they nor the plaintiff in trover was entitled to it. The second section of the act of 1830, to prevent personal property, which is... |
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Cases |
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| McManus v. Jackson |
28 Mo. 56, Supreme Court of Missouri (January 01, 1859) |
1859 |
When the slanderous words used in the petition are actionable of themselves, it is not necessary to make any prefatory averments as to the circumstances to which they refer; but if the words do not per se convey the meaning which the plaintiff would assign to them, the petition must contain a statement of the extrinsic matter necessary to show that... |
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Cases |
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| McMichael's Ex'rs v. Raoul |
14 La.Ann. 307, Supreme Court of Louisiana (April 01, 1859) |
1859 |
Appeal from the District Court of the Parish of Livingston, Beale, J. |
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Cases |
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| McNair v. Bateman & Talton |
27 Ga. 181, Supreme Court of Georgia (January 01, 1859) |
1859 |
An execution issued from the Circuit Court of the United States for the Districts of Georgia, the lien of which is not extinguished can claim money in the State Courts. Certiorari, in Houston Superior Court. The Sheriff of Houston county, under two mortgage fi. fas. issued at the suit of Felix McNair, against Alexander Lee, levied on and sold a... |
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Cases |
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