| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Thomasson v. State |
15 Ind. 449, Supreme Court of Indiana (November 01, 1860) |
1860 |
Though the law of March 5, 1859, regulating the sale of spirituous liquors, contains no exception of sales made for medicinal or sacramental purposes, the Court will make the exception in proper cases. The term citizen, as used in ยง 23, of art. 1, of the Constitution, includes only white male citizens of the United States, of the... |
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Cases |
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| Thompson v. Marshall |
36 Ala. 504, Supreme Court of Alabama (June 01, 1860) |
1860 |
[BILL IN EQUITY FOR REFOTMATION OF CONTRACT.] APPEAL from the Chancery Court of Choctaw. Heard before the Hon. WADE KEYES. |
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Cases |
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| Tinsley v. Roll |
2 Met. 509, Court of Appeals of Kentucky (January 11, 1860) |
1860 |
1. Although a separate estate in a married woman may be created by a parol gift, when the title to the property will pass without a transfer or conveyance in writing, yet such a gift can not be sustained unless it be clearly and distinctly proved that it was made for the sole and separate use of the wife, to the exclusion of the rights of the... |
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Cases |
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| Tipton v. Tipton |
41 Tenn. 252, Supreme Court of Tennessee (September 01, 1860) |
1860 |
The questions in this cause arise upon the construction of portions of the will of Jonathan Tipton, deceased. The first question is upon the following clause, viz.: I do hereby give and bequeath to my wife, Margaret Tipton, the amount of estate and property I got with her in marriage, that I now have in possession or will be at my death: Burrel... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Tom v. Ernest |
15 La.Ann. 44, Supreme Court of Louisiana (January 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Jefferson, Burthe, J. |
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Cases |
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| Tompkins v. Female College |
30 Ga. 485, Supreme Court of Georgia (January 01, 1860) |
1860 |
1. However erroneous a proceeding may be, still, if it results rightly, and will be a bar to any future litigation, it will not be disturbed. Action to subject Trust Property, in Columbia Superior Court. Decision by Judge HOLT, at March Term, 1860. This was a Common Law suit, brought by the Georgia Female College against Sarah Tompkins, seeking to... |
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Cases |
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| Toombs v. Stone |
2 Met. 520, Court of Appeals of Kentucky (January 14, 1860) |
1860 |
1. Every trust estate created for the use and benefit of the wife is not a separate estate, but it must also clearly appear that the intention of the gift was, that it should be for the wife's separate enjoyment. 2. A deed which provides that the trustee shall hold the property in trust for the use and benefit and support of the wife and her... |
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Cases |
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| Toomer v. Rhodes |
11 Rich.Eq. 256, Court of Appeals of South Carolina (January 01, 1860) |
1860 |
A conveyed property to a trustee for the use of the grantor for life, and after his death, in case he died unmarried and without children, over. A, having married and had a child, filed this bill against the trustee and remaindermen, to have the deed cancelled, contending that the contingencies had happened which defeated the... |
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Cases |
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| Trammell v. Swan |
25 Tex. 473, Supreme Court of Texas (January 01, 1860) |
1860 |
Where one of the parties to a simulated contract executes to the other his note, the consideration of which is, for instance, the pretended purchase of a stock of goods, by which pretended sale the property in the goods did not pass to such pretended purchaser, and the latter induces a third party, in ignorance of the facts and under a deception... |
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Cases |
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| Trammell v. Trammell |
25 Tex.Supp. 261, Supreme Court of Texas (January 01, 1860) |
1860 |
The power which this court retains over its records and judgments of a former term was considered in the case of Chambers v. Hodges, 3 Tex. 517. It was considered, that when the judgment of this court is entered, its minutes authenticated as a record, and the term of the court closed, the court has no further power over the judgment for the purpose... |
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Cases |
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| Trammell v. Watson |
25 Tex.Supp. 210, Supreme Court of Texas (January 01, 1860) |
1860 |
The limitation of one year within which to apply for an injunction, after a judgment has been obtained, does not apply to a case where judgment has not been rendered against a surety on an appeal bond upon affirmance in the supreme court. Pas. Dig. art. 3931, note 924. The appeal bond required by the 136th section of the act of 13th May, 1846, to... |
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Cases |
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| Tucker v. Tucker |
29 Mo. 350, Supreme Court of Missouri (January 01, 1860) |
1860 |
There are two questions in this case: first, does the petition show a cause of action; second, is it objectionable for multifariousness? It appears from the petition that the decedent, Alexander Tucker, died in June, 1859, leaving the plaintiff Sarah Tucker his widow, Benjamin H. and William H. Tucker his two sons, and three grand-children, the... |
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Cases |
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| Tucker v. Tucker |
13 S.C. 318, Court of Appeals of South Carolin, (August 01, 1860) |
1860 |
Bill for account, partition, &c. The parties to this cause are the children, and, as such, the heirs-at-law and distributees of Fanny Tucker, late of Union District, who died intestate in December, 1857. At her death the intestate was seized and possessed of a considerable real and personal estate, consisting of one or more plantations, a number of... |
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Cases |
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| Tudor v. Lewis |
3 Met. 378, Court of Appeals of Kentucky (February 25, 1860) |
1860 |
Error of the circuit court in granting or refusing to grant instructions, unless excepted to at the time, will not avail for a new trial below, nor for reversal in the Court of Appeals. (2 Met. 538, 559.) Officers of courts are held to good faith and reasonable diligence in taking care of property placed in their hands, pending process and... |
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Cases |
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| Tumlinson v. Swinney |
22 Ark. 400, Supreme Court of Arkansas (October 01, 1860) |
1860 |
A homestead, under the statute, is the place of a house or home-that part of man's landed property which is about and contiguous to his dwelling house. A residence once in good faith established, draws around it the protection of the homestead law; and a temporary residence on another place, for purposes of business, will not oust this right,... |
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Cases |
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| Tweedy v. Urquhart |
30 Ga. 446, Supreme Court of Georgia (January 01, 1860) |
1860 |
1. In a deed of marriage settlement occurs this clause, That should said trust at the time become vacant by death or resignation of said party of the second part, (the trustee,) or any of his successors, the said Isabella M., (the wife) by writing under her hand and seal, may appoint any other person or persons trustee in place of said party... |
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Cases |
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| U.S. v. Corrie |
Brunn.Coll.C. 686, Circuit Court, D South Carolina (April 01, 1860) |
1860 |
The question raised in this case is of so much importance that I have considered it proper to set forth the reasons which had led me to the conclusion I shall announce. And to the right understanding of the case, it is necessary to give a concise statement of it, from the time when first it was brought before me to the present moment. The first... |
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Cases |
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| U.S. v. Haun |
8 Am. Law Reg. 663, Circuit Court, SD Alabama (June 30, 1860) |
1860 |
This was an indictment against John H. Haun. |
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Cases |
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| U.S. v. Weld |
McCahon 186 (April 01, 1860) |
1860 |
This is a state case reported in 1 Kan. 597. |
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Cases |
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| Van Ostern v. Simmons |
15 La.Ann. 302, Supreme Court of Louisiana (May 01, 1860) |
1860 |
Appeal from the 5th District Court of New Orleans, Eggleston, J. |
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Cases |
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| Vandever v. Vandever |
3 Met. 137, Court of Appeals of Kentucky (September 27, 1860) |
1860 |
Objection to a special judge must be made in the circuit court, otherwise it will not be available in the Court of Appeals. Appellant can not rely for reversal upon the want of necessary parties, where it was his duty to have brought them before the court. More than five years elapsed after the making and recording of the deed under which the... |
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Cases |
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| Verdier v. Verdier |
12 Rich.Eq. 138, Court of Appeals of South Carolina (May 01, 1860) |
1860 |
A decree, on bill for partition and settlement of the estate of a decedent, adjudging that one of the parties was one of the next of kin of decedent, and entitled, with other parties, to a share of his real estate descended, is final, and if not then appealed from cannot be objected to and made the subject of appeal at any subsequent stage of the... |
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Cases |
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| Vicksburg, S. & T.R. Co. v. Barksdale |
15 La.Ann. 465, Supreme Court of Louisiana (July 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Jackson, Richardson, J. |
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Cases |
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| Virgin v. Dawson |
15 La.Ann. 532, Supreme Court of Louisiana (July 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Franklin, Mayo, J. |
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Cases |
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| Walker v. Cucullu |
15 La.Ann. 689, Supreme Court of Louisiana (December 01, 1860) |
1860 |
Appeal from the District Court of the Parish of St. Bernard, Foulhouze, J. |
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Cases |
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| Walker v. Hays |
15 La.Ann. 640, Supreme Court of Louisiana (November 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Madison, Farrar, J. |
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Cases |
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| Walmsley v. Hubbard |
24 Tex. 612, Supreme Court of Texas (January 01, 1860) |
1860 |
The defendant in an execution, holding property as the agent, bailee or trustee of another, may assert the rights of the real owner, so as to prevent the sale thereof, when levied upon to satisfy such execution against himself. Such agent is a competent witness in behalf of the claimant. APPEAL from Calhoun. Tried below before the Hon. Fielding... |
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Cases |
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| Water Lot Co. v. Leonard |
30 Ga. 560, Supreme Court of Georgia (June 01, 1860) |
1860 |
1. Apparent defects in a declaration that could be cured by amendment, are not material. 2. The Water Lot Company sold to Van Leonard, in trust for the Howard Manufacturing Company, a water lot, No. 11, in which were various covenants. In one place, in one of the deeds between the parties, Van Leonard was styled trustee of the Howard Manufacturing... |
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Cases |
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| Watson v. James |
15 La.Ann. 386, Supreme Court of Louisiana (May 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Madison, Farrar, J. |
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Cases |
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| Watson v. Tool |
36 Ala. 13, Supreme Court of Alabama (January 01, 1860) |
1860 |
[TRESPASS AGAINST SHERIFF FOR ILLEGAL LEVY OF ATTACHMENT.] APPEAL from the Circuit Court of Choctaw. Tried before the Hon. C. W. RAPIER. |
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Cases |
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| Weaver v. Wright |
, 11 Rich.Eq. 541, Court of Appeals of South Carolina (May 01, 1860) |
1860 |
A debtor's application for the benefit of the Insolvent Debtors' Act was resisted on the ground that a judgment confessed by the applicant to his father was fraudulent in part, and upon suggestion filed, the jury so found:Held, that the verdict could not be sustained upon the evidence; that a confession must be taken to be bona fide until... |
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Cases |
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| Webb v. Fleming |
30 Ga. 808, Supreme Court of Georgia (June 01, 1860) |
1860 |
1. A testator's acknowledgement of his signature in the presence of the subscribing witnesses is sufficient, without the signings being done in their presence. 2. It is not necessary that the subscribing witnesses should sign in the presence of each other; it is sufficient if each signs in the presence of the testator. 3. An attempt to manumit a... |
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Cases |
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| Webster v. Brazelton |
31 Ga. 284, Supreme Court of Georgia (August 01, 1860) |
1860 |
When a bill is filed to rectify a deed of gift, and upon satisfactory proof, supported by strong corroborating circumstances, the Jury decree for the complainant, and the Circuit Judge refuses to grant a new trial, this Court will not disturb the Judgment, especially where the question is one of fact only. In Equity, in Floyd Superior Court. This... |
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Cases |
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| Whetmore v. Rhett |
12 Rich. 565, Court of Appeals of South Carolina (April 01, 1860) |
1860 |
Before 1857, the occupants of lots on Sullivan's Island were mere tenants at will of the State, and had no interest in the land, so as to render a parol contract for the sale of a house on one of said lots void under the fourth section of the Statute of Frauds. Such a contract was completed by delivery of the houseno memorandum in writing... |
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Cases |
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| White v. Gleason |
15 La.Ann. 479, Supreme Court of Louisiana (July 01, 1860) |
1860 |
Appeal from the District Court of the Parish Ouachita, Richardson, J. |
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Cases |
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| White v. Malcolm |
15 Md. 529, Court of Appeals of Maryland (May 16, 1860) |
1860 |
An appeal lies from a decree or decretal order passed by the court in a case where a sale of mortgaged property has been made and reported, under the Act of 1826, ch. 192. The trustee, agent or attorney for the mortgagees, by whom the sale, under the Act of 1826, ch. 192, was effected, may appeal from an order setting aside such sale, because such... |
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Cases |
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| Whitfield v. Cates |
6 Jones Eq. 136, Supreme Court of North Carolina (December 01, 1860) |
1860 |
The principal equity, which the bill seeks to enforce, is the ordinary case of converting a deed, absolute on its face, into a security for money, by parol proof of an agreement to that effect. There is no allegation of fraud, imposition, oppression or mistake, which is necessary, in order to bring the case within the application of that doctrine,... |
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Cases |
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| Whitfield v. Hill |
5 Jones Eq. 316, Supreme Court of North Carolina (June 01, 1860) |
1860 |
We are satisfied the defendant, Whitfield, stifled the bidding, and was enabled to buy the land for a sum greatly under its value, by assuring several gentlemen, who wished to purchase, that his object in forcing a sale, was merely to effect a brotherly arrangement, and compel his brother to come to a fair settlement, upon which he would... |
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Cases |
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| Whitley v. Foy |
6 Jones Eq. 34, Supreme Court of North Carolina (December 01, 1860) |
1860 |
The claim of the plaintiffs to the funds in controversy, is clearly sustained both by reason and authority.--This contest being between the personal representatives of a principal and agent for an amount of money which the agent had received for the principal, which he always admitted to belong to the principal, the latter certainly has the right... |
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Cases |
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| Wilder v. Ireland |
8 Jones (NC) 85, Supreme Court of North Carolina (December 01, 1860) |
1860 |
We concur in the conclusion of his Honor, that upon the facts agreed, the plaintiff was not entitled to recover. To maintain the action, it was necessary for the plaintiff to show that the deed of the defendant contained a covenant of quiet enjoyment, and that he was evicted by reason of a title paramount. Let it be assumed that the deed contains a... |
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Cases |
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| Williams' Heirs v. Hardy |
15 La.Ann. 286, Supreme Court of Louisiana (April 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Livingston, Wilson, J. |
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Cases |
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| Williams v. Gray |
41 Tenn. 104, Supreme Court of Tennessee (April 01, 1860) |
1860 |
On the 3d of January, 1856, Amos Williams, the testator, and Elizabeth Bell, the complainnt, in contemplation of marriage, which was soon after consummated, entered into a marriage contract. It provided that all her property, of every kind, should be secured to her, and returned if she should survive, without any account, however, for interest or... |
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Cases |
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| Williams v. Miller |
21 Ark. 469, Supreme Court of Arkansas (July 01, 1860) |
1860 |
The action in this case was founded on a writing obligatory for $450, executed by Miller to Williams. The defendant filed a plea of nil debet, which he afterwards withdrew by leave of the court, and upon which no question arises here. The second and third pleas interposed by the defendant were special pleas in bar, impeaching the consideration of... |
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Cases |
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| Williams v. Springfield |
15 La.Ann. 535, Supreme Court of Louisiana (July 01, 1860) |
1860 |
Appeal from the District Court of the Parish of Bossier, Egan, J. |
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Cases |
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| Williams v. U.S. |
, United States Court of Claims (February 11, 1860) |
1860 |
At the breaking out of the Florida war, and for several years previously, the petitioner was the owner of Harford Plantation, at the head of the Matanzas river, in St. John's county, Florida, and about twenty-five miles from St. Augustine. Soon after the war commenced, by order of Brigadier General Hernandez, a detachment of mounted... |
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Cases |
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| Williams v. Walker |
31 Ga. 195, Supreme Court of Georgia (August 01, 1860) |
1860 |
This action was brought by the executor of the late Judge Berrien, to recover a fee for professional services rendered the estate of Allen M. Walker, deceased. Allen M. Walker nominated two executors, Jesse L. Owen and Nathaniel F. Walker. At first, Owen only qualified, and it was Owen who employed Judge Berrien. Since the services were rendered,... |
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Cases |
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| Williamson v. Williams |
6 Jones Eq. 62, Supreme Court of North Carolina (December 01, 1860) |
1860 |
A guardian is entitled to commissions on payments made for goods bought of a firm, of which he was a member; but not on charges for board while his ward lived in his family. Where a guardian waited six months after the principal in a note, held by him as guardian, died insolvent before he sued the surety, who also became insolvent before suit was... |
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Cases |
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| Willingham v. Harrell |
36 Ala. 583, Supreme Court of Alabama (June 01, 1860) |
1860 |
[BILL IN EQUITY TO SET ASIDE AWARD.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. |
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Cases |
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| Wilson v. McJunkin |
, 12 Rich. 654, Court of Appeals of South Carolina (May 01, 1860) |
1860 |
The testator devised real and personal estate to his executors in trust, for the sole and separate use of his daughter N., for and during the term of her natural life, and at her death to be equally divided amongst her children in fee simple. N. had eight children living at the death of the testator, one of whom died in the lifetime... |
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Cases |
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| Wise v. Moore |
31 Ga. 148, Supreme Court of Georgia (August 01, 1860) |
1860 |
The charge given by the Court is in conformity to the rulings of this Court, and all others, upon this subject, that I know of. Peck vs. Land. 2 Kelly, 12. Fleming vs. Townsend. 6 Geo., 107. Galt vs. Jackson. 9 Geo., 157. Clayton vs. Brown. 17 Geo., 217. Clayton vs. Tucker. 20 Geo., 452. Voluntary deeds, to be protected from the operation of the 13... |
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Cases |
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