TitleCitationYearSummaryMost RelevantTypeStatus
Alexander v. Moye 9 George 640, High Court of Errors and Appeals of Mississippi (April 01, 1860) 1860 1. CHANCERY: PLEADING: BILL TO RESCIND FOR DEFECTIVE TITLE.-If a complainant, who is a vendee in possession under a bond for title, seek a rescission of the contract on the ground of a defect in the title of the vendor, he should set forth in his bill specifically the nature of the defect complained of; a general allegation that the vendor has no...   Cases  
Allen v. Hardee 30 Ga. 463, Supreme Court of Georgia (January 01, 1860) 1860 Our Statute prescribing the order in which different classes of the debts of a deceased person shall be paid, and allowing creditors twelve months within which to give notice of their claims, leaves the administrator no safety but in holding all the assets until the expiration of that twelve months. Now, as the Law itself puts him under the...   Cases  
Allen v. Hightower 21 Ark. 316, Supreme Court of Arkansas (July 01, 1860) 1860 The bill in this case was filed by Elizabeth J. Hightower, by her next friend, against the appellant, Allen, and her husband, Devereux Hightower, to remove a cloud from a title to lands claimed by her as her separate property. The bill alleges that the lands in question were entered by Mrs. Hightower, at the United States land office, with means...   Cases  
Allen v. Hollis 31 Ga. 143, Supreme Court of Georgia (August 01, 1860) 1860 1. When goods are sold, and nothing is said as to the time of delivery, or the time of payment, and every thing the seller has to do with them is complete, the property vests in the buyerthe seller being bound to deliver them whenever they are demanded, upon the payment of the pricethe buyer having no right to the possession of the...   Cases  
Alston v. Lea 5 Jones Eq. 27, Supreme Court of North Carolina (December 01, 1860) 1860 The only question presented by the pleadings, which it is necessary for us to consider, is, whether Mrs. Dolly Alston took such an interest in the estate of her husband, John Alston, by virtue of his will, as enabled her to convey to the defendant a good title to the tract of land, now in controversy. In the first clause of his will, the testator...   Cases  
Anderson v. Kincheloe 30 Mo. 520, Supreme Court of Missouri (July 01, 1860) 1860 1. The supreme court will not grant a new trial on the ground that an instruction unsupported by the testimony was given, unless the giving of such instruction was calculated to mislead the jury. 2. Courts should not give instructions amounting to a comment on the testimony, nor instructions calculated to mislead the jury by inducing them to attach...   Cases  
Anderson v. Rhodus 12 Rich.Eq. 104, Court of Appeals of South Carolina (December 01, 1860) 1860 An absolute deed of conveyance, made for the double purpose of securing the payment of debts due by the grantor to the grantee and of defeating the other creditors of the grantor, cannot be set up by the heirs of the grantor as a mortgage. B made an unsealed instrument purporting to convey to A for life, with remainder over, certain lands and...   Cases  
Anding v. Davis 9 George 574, High Court of Errors and Appeals of Mississippi (April 01, 1860) 1860 1. TRUSTS: MAY BE CREATED BY PAROL.By the common law, a parol declaration of a trust, both of real and personal estate, is valid. 2. SAME: PAROL TRUSTS IN LAND VALID IN THIS STATE.The seventh section of the English Statute of Frauds, which prohibits the creation of express trusts in lands except by writing, was not embodied in the...   Cases  
Andrews v. Roye 12 Rich. 536, Court of Appeals of South Carolina (January 01, 1860) 1860 Testatrix, under a power of appointment, devised the land to her two sons, to be equally divided between them; but should either of my sons die unmarried and without issue, then whatever may remain of his moiety of my estate, I give and devise to the survivor; but should both of my said sons die unmarried and intestate, then over to...   Cases  
Atkins v. Guice 21 Ark. 164, Supreme Court of Arkansas (January 01, 1860) 1860 A white man living in the Indian nation and owning property there, having undertaken to dispose of it by will, his right to make a will and the mode of making it, if its validity be contested, would be determined by the laws and usages of the Indian nation; but his executor having taken possession of his property and acted under the will, and...   Cases  
Atkinson v. Atkinson 15 La.Ann. 491, Supreme Court of Louisiana (July 01, 1860) 1860 Appeal from the District Court of the Parish of Franklin, Mayo, J.   Cases  
Atwood v. Norton 31 Ga. 507, Supreme Court of Georgia (November 01, 1860) 1860 The objection to the plaintiff's right to recover in this case, is, That the contract was obnoxious to the Statute of Frauds, in this: that it is an agreement that is not to be performed within the space of one year from the making thereof; the same not being in writing and signed by the party to be charged therewith. And we think that the...   Cases  
Augustus v. Seabolt 3 Met. 155, Court of Appeals of Kentucky (October 06, 1860) 1860 This controversy arises under the will of Springer Augustus, and depends upon the construction and effect to be given to the following provisions thereof: Item--I give and bequeath unto my beloved wife, Nancy Augustus, the tract of land on which I now reside, with all the improvements of every description, to have and to hold the same during her...   Cases  
Averitt v. Pope 30 Ga. 660, Supreme Court of Georgia (June 01, 1860) 1860 The Act of 1850, authorizing foreign administrators to sue in this State, (see Cobb's Dig., 341,) warrants no such distinction as that taken as the ground of the non-suit, between actions ex contractu and actions ex delicto. The Act specifies certain causes of action for which the foreign administrator may sue, and then adds, and any other cause...   Cases  
Baines v. Burbridge 15 La.Ann. 628, Supreme Court of Louisiana (November 01, 1860) 1860 Appeal from the District Court of the Parish of West Feliciana, Haralson, J.   Cases  
Baldwin v. Dillon 30 Mo. 429, Supreme Court of Missouri (July 01, 1860) 1860 The facts sufficiently appear in the opinion of the court. I. The court improperly excluded from the jury the will of W. P. Flint. The instructions given were erroneous. The verdict of judgment are entirely erroneous. The verdict is a verdict in trover for damages. The court could not on such a verdict render a judgment against the securities. (4...   Cases  
Barbin v. Gaspard 15 La.Ann. 539, Supreme Court of Louisiana (August 01, 1860) 1860 Appeal from the District Court of the Parish of Avoyelles, Cullom, J.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Barbour County v. Brunson 36 Ala. 362, Supreme Court of Alabama (June 01, 1860) 1860 [ACTION AGAINST COUNTY FOR NEGLIGENCE.] APPEAL from the Circuit Court of Barbour. The record does not show who was the presiding judge.   Cases  
Barnes v. Haybarger 8 Jones (NC) 76, Supreme Court of North Carolina (December 01, 1860) 1860 Where the intention of the parties to a deed is manifest on its face, the Court in giving a construction to doubtful provisions, will, if possible, effectuate such intention. Where a wife, after marriage, suppossing the whole interest in her land was in her, made a conveyance to a trustee for her sole and separate use, to which the husband signed...   Cases  
Barringer v. Andrews 5 Jones Eq. 348, Supreme Court of North Carolina (June 01, 1860) 1860 This is a bill filed to attach, in Equity, under our statute, certain interests in remainder of John T. Andrews, in property bequeathed to him by Wilson Andrews. A general demurrer has been put in, which brings up the enquiry, whether there is enough on the face of the bill, to entitle the plaintiffs to the equitable relief which they seek. The...   Cases  
Barziza v. Graves 25 Tex. 322, Supreme Court of Texas (January 01, 1860) 1860 The defendant in the court below proposed to read in evidence what purported to be the will of Ralph Graves, deceased, dated December 13, 1851, and also the petition of Adaline Graves and M. Yell, to the county court, for the probate of said will, and for letters testamentary in accordance with its provisions. The court refused to permit this...   Cases  
Bateman v. Frisby 15 La.Ann. 58, Supreme Court of Louisiana (January 01, 1860) 1860 Appeal from the Third District Court of New Orleans, Duvigneaud, J.   Cases  
Bean v. Bean's Adm'r 37 Ala. 17, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY FOR ACCOUNT, PARTITION, AND DISTRIBUTION OF DECEDENT'S ESTATE.] APPEAL from the Chancery Court of Pike. Heard before the Hon. WADE KEYES.   Cases  
Beaty v. Gingles 8 Jones (NC) 302, Supreme Court of North Carolina (December 01, 1860) 1860 Where an executor sues upon the possession of his testator, he must sue as executor, because he must make profert, in his declaration, of his letters testamentary, but if he sue upon his own possession, he must sue in his own name, because his possession has fixed him with assets. If, however, he sue as executor when the action is brought upon...   Cases  
Beggarly v. Craft 31 Ga. 309, Supreme Court of Georgia (August 01, 1860) 1860 After much reflection upon this case, and an earnest effort to arrest its further agitation, we are forced to the conclusion that the damages found by the Jury are excessive, and that on that account the verdict and judgment ought not to stand. There are circumstances, independently of the pecuniary condition of the defendant, which, in our...   Cases  
Belknap v. Kendig 15 La.Ann. 203, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Beller v. Jones 22 Ark. 92, Supreme Court of Arkansas (October 01, 1860) 1860 Johnathan Jones, the appellee, and the plaintiff below, for some time previous to the 17th of August, 1857, had been subject to great depression of spirits and distress of mind from unhappy domestic relations, and to an extent that induced the generality of his neighbors to suppose him to be so impaired in mind, as to be unfit for the management of...   Cases  
Bell's Adm'r v. Bell 36 Ala. 195, Supreme Court of Alabama (January 01, 1860) 1860 [BILL IN EQUITY BY WIFE'S ADMINISTRATOR AGAINST HUSBAND'S ADMINISTRATOR AND HEIRS.] APPEAL from the Chancery Court of Wilcox. Heard before the Hon. WADE KEYES.   Cases  
Bennet v. Bennet 13 N.J. Eq. 114, Court of Chancery of New Jersey (May 01, 1860) 1860 1. At common law, the father, in the first instance, is entitled to the custody of his children, but courts will exercise a sound discretion for the benefit of the children, in disposing of their custody. 2. The act of the 20th of March, 1860, has materially altered the rule of the common law, and has, to a certain extent, deprived the court of...   Cases  
Bennett v. McCrocklin 3 Met. 322, Court of Appeals of Kentucky (January 14, 1860) 1860 Bennett sued McCrocklin in the Spencer circuit court upon two notes executed by the latter to Bennet in his own right. McCrocklin answered, saying that Bennett was the executor of Isaac Bennett, deceased--the father of Adaline McCrocklin, who was the wife of the defendant--and, as executor, had had a settlement with the county judge of Nelson...   Cases  
Bennett v. Odom 30 Ga. 940, Supreme Court of Georgia (June 01, 1860) 1860 1. Where the question is one of fact only, turning upon the credit of the witnesses, and there is ample testimony to support the verdict, it will not be disturbedespecially where material evidence, in the power of the defendant, has not been produced. 2. If a defendant pleads a tender, and the Jury find a larger sum due, the amount of money...   Cases  
Bennett v. Toler 15 Gratt. 588, Supreme Court of Appeals of Virginia (May 22, 1860) 1860 Upon a devise to a daughter for life, and at her death the property to be equally divided among her children; an illegitimate child of the daughter will take with her legitimate children. This was an appeal from the decree of the Circuit court of Pittsylvania, in a suit instituted by the children of Henry Toler deceased, against Crafton Bennett and...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Beverley v. The Empire 15 La.Ann. 432, Supreme Court of Louisiana (June 01, 1860) 1860 Appeal from the Third District Court of New Orleans, Duvigneaud, J.   Cases  
Biddle v. Carraway 6 Jones Eq. 95, Supreme Court of North Carolina (December 01, 1860) 1860 The bill was filed for the purpose of obtaining a construction of the will of Snoad B. Carraway, deceased, and the main questions raised by the pleadings are, whether the legacies given by the testator to his wife, to repair and furnish the house at Brandon, in Wake county, and for one year's support of her herself and her family, and the legacy...   Cases  
Bigelow v. Young 30 Ga. 121, Supreme Court of Georgia (March 01, 1860) 1860 1. Parol proof of the contents of a written contract, cannot go to the Jury without satisfactory preliminary proof to the Court, that the writing was executed and is lost. 2. When the question between parties is, What was the state of accounts between them at a particular time? It is error to admit evidence against objection, touching an item which...   Cases  
Biggs v. State 29 Ga. 723, Supreme Court of Georgia (January 01, 1860) 1860 [1.] If the husband makes a violent assault upon one who attempts the seduction of his wife, and her character for virtue is impeached, it is competent for the husband, when on trial for the assault, to give evidence in support of the general character of his wife for chastity. [2.] If to kill another with a gun, pistol, or other like instrument,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Billiu v. White 15 La.Ann. 624, Supreme Court of Louisiana (November 01, 1860) 1860 Appeal from the Sixth District Court of New Orleans, Howell, J.   Cases  
Billups v. Riddick 8 Jones (NC) 163, Supreme Court of North Carolina (December 01, 1860) 1860 The decree in the Court below, is erroneous, and must be reversed, and the petition dismissed. There are so many fatal objections, that we are at a loss on which to put our decision. 1. It does not appear by the transcript that an answer was filed; there is no judgment pro confesso; no issue is made, either of law or fact, and there is no order...   Cases  
Bishop v. Blair 36 Ala. 80, Supreme Court of Alabama (January 01, 1860) 1860 [TRESPASS QUARE CLAUSUM FREGIT.] APPEAL from the Circuit Court of Barbour. Tried before the Hon. JNO. GILL SHORTER.   Cases  
Black v. Lewis 30 Ga. 958, Supreme Court of Georgia (June 01, 1860) 1860 It is useless to consider the errors assigned in this case, for, however many there may be, with all of them corrected, the result of a new trial could not be different from the present verdict. A verdict for the claimant in this case could not stand if rendered, and it would be trifling with justice to grant a new trial in order to afford an...   Cases  
Black v. Thornton 30 Ga. 361, Supreme Court of Georgia (May 01, 1860) 1860 1. It is competent for one who was a Sheriff to state from entries on an execution in his own hand-writing, that the property was pointed out and solp as the property of D. T., when that fact appears by the entry, the witness stating that he invariably stated such facts when so in his entries, and never stated anything but facts therein, although...   Cases  
Blacknall v. Parish 6 Jones Eq. 70, Supreme Court of North Carolina (December 01, 1860) 1860 Upon examination of the testimony taken in this cause, we are entirely satisfied that the land, mentioned in the pleadings, was contracted to be sold to the plaintiff by an authorised agent of the defendant; that the authority, under which the agent acted, was by parol, and that the contract was entered into by the agent's filling up certain blanks...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Blair v. Collins 15 La.Ann. 683, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Bloom v. Beebe 15 La.Ann. 65, Supreme Court of Louisiana (February 01, 1860) 1860 Appeal from the Fifth District Court of New Orleans, Eggleston, J.   Cases  
Boaz v. Boaz 36 Ala. 334, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY TO REMOVE HUSBAND AS TRUSTEE OF WIFE'S SEPARATE ESTATE.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK.   Cases  
Bordelon v. Dumartrait 15 La.Ann. 227, Supreme Court of Louisiana (April 01, 1860) 1860 Appeal from the District Court of the Parish of Avoyelles, Cullom, J.   Cases  
Bostick v. Hardy 30 Ga. 836, Supreme Court of Georgia (June 01, 1860) 1860 The non-suit was awarded in this case when the idea that the plaintiff's own proof showed that he had been fully paid. The payment of the seventy dollars to the agent of the plaintiff by simply acquitting the agent of a debt of that amount which he owed to the defendant, was no payment to the plaintiff. A payment can not be made to an agent who is...   Cases  
Boulin v. Maynard 15 La.Ann. 658, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the Second District Court of New Orleans, Morgan, J.   Cases  
Bowman v. McElroy 15 La.Ann. 663, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the District Court of the Parish of Tensas, Farrar, J.   Cases  
Bowman v. McElroy 15 La.Ann. 646, Supreme Court of Louisiana (December 01, 1860) 1860 Appeal from the District Court of the Parish of Tensas, Farrar, J.   Cases  
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