TitleCitationYearSummaryMost RelevantTypeStatus
Farrow v. Farrow 2 Va. Colonial Dec. B261, General Court of Virginia (October 01, 1737) 1737 Canc. Abraham Farrow Father of the Plt. & Deft. being seised of divers Lands by his Will devises them among his Children & afterwards purchases Lands of one Barton which both before & after he bought it he declared he intended for his Son Abraham (the Plt.) whom he seated upon it And the Plt. has made Improvements The Father in his last Sickness...   Cases  
Robinson v. Armistead 2 Va. Colonial Dec. B223, General Court of Virginia (April 01, 1737) 1737 Canc. The Bill sets forth that John Armistead & Robt. Beverley deced jointly purchased 100 A. of Land in Com. Glouc. which was conveied to them by Deed Jan. 17. 1680. for the Cons. of 50£. That Beverly by his Will Aug. 20. 1686. devised his Half part to his Dau'r Catherine in Tail & soon after died After which Armistead became solely possessed...   Cases  
Dunn v. Wythe 2 Va. Colonial Dec. B81, General Court of Virginia (April 01, 1739) 1739 Et Econ. In Chanc. Samuel Simmonds by his Will gives his his [sic] Wife all his Real and Personal Estate during her Widowhood And if she marries then he gives one Half of his Estate to Dan'l. Dunn's Children and the other half to Matthew Noblin's Children And makes his Wife Executrix who lived several years and never married and is now dead The...   Cases  
Scarbury v. Barber 2 Va. Colonial Dec. B294, General Court of Virginia (April 01, 1739) 1739 Deft. in Canc. Bill sets forth that Plt. Anna before her Marr with Testor lent him divers Sums of Money to pay his Debts viz. in July 1729. £. 191 10 St. by Bill drawn on Jno. Maynard In Dec'r following £>>>>>>.30. by a like Bill In Jan'ry 1731. £. 40. by another Bill & other Sums am'o to 69-9. 6 1/2 Curr't & sold him Goods...   Cases  
Buckner v. Chew 2 Va. Colonial Dec. B123, General Court of Virginia (April 01, 1740) 1740 In Canc. The Case was shortly this Chew the Defts. father in 1707 sold & conveied to the Plts. fa'r two parcels of Land cont'g by estimation 2520a's be the same more or less And in the Deed of Conveiance were the usual Covenants in the case of purchase Great part of the Land was recovered from the Plt. by an elder title The Bill suggested that Chew...   Cases  
Black v. Digges' Ex'rs 1 H. & McH. 153, Provincial Court, Proprietary Province of Maryland (April 01, 1744) 1744 THIS was an indebitatus assumpsit upon an account for sundry articles, properly chargeable in account. It appears from the bill of exceptions taken at the trial, that the plaintiff offered in evidence to the Jury an account proved by the oath of the plaintiff and another witness, before the Lord Mayor of London, in which account was an article of...   Cases  
Scott v. Dobson 1 H. & McH. 160, Provincial Court, Proprietary Province of Maryland (October 01, 1749) 1749 The Provincial Court gave judgment for the defendant. The plaintiff appealed to the Court of Appeals. The Court of Appeals in February Term, 1752, reversed the judgment of the Provincial Court. See the case of Somerville v. Johnson, February Term, 1770.   Cases  
Custis v. Fitzhugh Jeff. 72, General Court of Virginia (October 01, 1768) 1768 Reported by Mr. Hopkins.   Cases  
Johnson v. Howard 1 H. & McH. 281, Provincial Court, Proprietary Province of Maryland (October 01, 1768) 1768 The Provincial Court gave judgment upon the special verdict for the defendant. The plaintiff appealed to the Court of Appeals, which Court, at May term, 1771, reversed the judgment so far as it related to Thomas Johnson, and affirmed it so far as it related to Benjamin Johnson.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Somerville v. Johnson 1 H. & McH. 348, Court of Chancery, Proprietary Province of Maryland (February 01, 1770) 1770 THE bill in this case, filed on the 13th of December, 1766, stated, that a certain William Deacon by his will did devise, amongst other things, as follows, viz. I give to my nephew William Deacon, of Portsmouth, all the rest of my estate both real and personal, with all the plate that is in the house at my death, to him and his heirs for ever,...   Cases  
Godwin v. Lunan Jeff. 96, General Court of Virginia (October 01, 1771) 1771 The court adjudged that they possessed ecclesiastical jurisdiction in general, and that as an ecclesiastical court they might proceed to censure or deprive the defendant, if there should be sufficient cause. But on the importunity of the Attorney General, a re-hearing was granted.   Cases  
Chew's Lessee v. Weems 1 H. & McH. 463, Provincial Court, Proprietary Province of Maryland (September 01, 1772) 1772 OPINION. William Lock seised in fee of certain lands, devised the same to his son William, his heir at law, without any express limitation of estate, and then follows this clause, viz. But my will and intent is, that if my son should die before he attains the age of twenty-one, or that he should die without issue of his body, lawfully begotten,...   Cases  
Nicholson v. Sligh 1 H. & McH. 434, Provincial Court, Proprietary Province of Maryland (April 01, 1772) 1772 The Court, on this point, ordered the matter to be postponed, that it might be heard in a fuller Court, they not being inclined to settle a point of practice when only two magistrates were present. It was then moved to quash the execution for the insufficiency of the sheriff's return, and the imperfections in the return or inquest of the...   Cases  
Robin v. Hardaway Jeff. 109, General Court of Virginia (April 01, 1772) 1772 The court adjudged that neither of the acts of 1684 or 1691, repealed that of 1682, but that it was repealed by the act of 1705.   Cases  
Visitors of Free-School in Saint Mary's County v. Bruce 1 H. & McH. 509, Delegates Court, Proprietary Province of Maryland (April 16, 1773) 1773 THIS was an appeal from the Prerogative Court. By the proceedings transmitted it appears that, in April, 1772, letters of administration were granted to Norman Bruce, upon the personal estate of Theodosia Key, of Saint Mary's County, deceased, and that in May, 1772, George Watts, and certain other persons claiming to be devisees under the will of...   Cases  
Gorham v. ------ 1 N.C. 3, Superior Courts of Law and Equity of North Carolina (November 01, 1780) 1780 New Bern November, 22, 1780. did determine, that upon the death of the first child, the mother was entitled to an equal share of the said estate of such child, with the two surviving children: and that upon the death of the other child who is deceased, she was entitled to an equal share of said estate of such deceased child, with the surviving...   Cases  
Morgan's Lessee v. Davis 2 H. & McH. 9, General Court of Maryland (May 01, 1781) 1781 EJECTMENT for two tracts of land, the one called Spring Garden, containing 140 acres, the other called The Chase, containing 300 acres, both lying in Baltimore county. By the bills of exceptions taken in the cause it appears, 1st. That a regular title to the lands in question, was shown to have been in Henry Morgan, deceased, and that the lessor of...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
County Treasurer v. Bissel 1 Root 85 (December 01, 1783) 1783 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Respublica v. Mesca 1 U.S. 73, Court of Oyer and Terminer of Pennsylvana, at Philadelphia (September 01, 1783) 1783 This was an indictment against four Italians for the murder of Captain Pickles; and, upon the arraignment of the prisoners, the Court assigned Ingersol and Swift as counsel for them. These gentlemen then challenged the array, and moved for an award of a tales de medietate lingua; but the Attorney General controverted the propriety of the motion,...   Cases  
Arabas v. Ivers 1 Root 92 (January 01, 1784) 1784 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
De Brahm v. Fenwick's Ex'rs 1 Des. 111, Court of Chancery of South Carolina (December 01, 1784) 1784 Ordered that the master's report be confirmed, except in the following particulars. Several unimportant particulars are stated in the order, but there were two of a peculiar kind which merit notice. The testator had left a large estate, and a numerous family, consisting of a widow and many children, some of whom were adults, and some of them...   Cases  
Jenkins v. Putnam 1 Bay 8, Courts of Common Pleas and General Sessions of the Peace of South (January 01, 1784) 1784 We shall not go into the first and second grounds urged by the defendant in his defence, but take up this matter on the last ground; the two first being very proper for the consideration of the Prize Court, in which the property was libelled, or a Court of Appeals, if an appeal had been made: as they involve in them the question of prize, or no...   Cases  
De Brahm v. Fenwick's Ex'rs 1 Des. 114, Court of Chancery of South Carolina (March 01, 1785) 1785 The court on considering the master's report in this cause, ordered and decreed, that the three eldest sons' estates, (devised to them by their father the testator,) should each be chargeable with one of the three eldest daughters' portions: That the remainder of the defendant Thomas's real estates hould be sold by the master, giving week's...   Cases  
Ex parte Fenwick 1 Des. 126, Court of Chancery of South Carolina (December 01, 1785) 1785 A petition was presented by Mr. Drayton in behalf of Mr. Fenwick, praying that he may have permission either to mortgage his plantation on John's Island to the executor of his father's will, or sell other tracts of land, for the purposes therein mentioned. Whereupon ordered, that Mr. Fenwick be permitted to sell under the direction of the master,...   Cases  
Sams v. Mathews 1 Des. 127, Court of Chancery of South Carolina (September 01, 1785) 1785 The complainant stated as follows: That his testator, J. Stanyarne, on the 27th of August, 1772, made his will, and among sundry other bequests gave the following one to his grand-son Charles Sams and grand-daughter Sarah Mathews: Another of the said six lots or shares, (viz. of the personal estate,) I hereby give and bequeath the use of, to and...   Cases  
Ward v. Reeder 2 H. & McH. 145, General Court of Maryland (October 01, 1785) 1785 The Court of Appeals (at May term, 1789) gave the following opinion. It is contended, in this cause, that from the time of the claim of Mrs. Harrison to hold under the will of her father Smallwood, that it is an adversary holding, in which case the statute of limitations will necessarily incur. Doubts might arise, as the legacy by such construction...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Farr v. McDowell 1 Bay 31, Courts of Common Pleas and General Sessions of the Peace of South (July 01, 1786) 1786 Pinckney then proposed, that Mitchell should bind his heirs and representatives, in case of his death, to pay the debt, if a verdict should go against the defendant, so as to make the plaintiff safe at all events; as a further inducement for the Court to postpone the trial. The Court were unanimously of opinion, that on this offer, the defendant...   Cases  
In re Sorrell 1 Va.Cas. 253, General Court of Virginia (April 06, 1786) 1786 There is no question with me but that an examining court may acquit finally, and discharge a prisoner upon any criminal prosecution, and that such an acquittal may be pleaded in bar of any future prosecution for the same offence. But in this case the court have not acquitted him, but have given an opinion on a point which they cannot judicially...   Cases  
State v. Beach 2 Kirby 20, Superior Court of Connecticut (March 01, 1786) 1786 There had been some doubts with the Court formerly whether the Court had right to bail after conviction and before judgement-but it was now settled-and the Court admitted bail to be taken.   Cases  
State v. Beach 2 Kirby 20 (March 01, 1786) 1786 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
State v. Blackiston 2 Del.Cas. 229, Court of Quarter Sessions of the Peace of Delaware (January 01, 1786) 1786 Indictment for horse-racing, contrary to the law passed June 24, 1786, for punishing any person for promoting, encouraging, etc., within three months, [2 Del.Laws 866].   Cases  
Taliaferro v. Taliaferro 4 Call 93, Supreme Court of Appeals of Virginia (November 01, 1786) 1786 The court, having maturely considered the transcript of the record, and the arguments of counsel in this cause, are of opinion, that so much of the said decree, as dismissed the bills of the plaintiffs Mary Taliaferro and Harry Taliaferro, ought to be reversed and annulled; and, proceeding to give such decree as the said late general court...   Cases  
Lindsay v. Lindsay's Adm'rs 1 Des. 150, Court of Chancery of South Carolina (December 01, 1787) 1787 The complainants brought their bill against defendants for an account of the rents and profits of their father's estate; and for distributive shares of his personal estate. The facts of the case were, that Patrick Lindsay, the father of complainant, died in the year 1744, leaving a widow and five children, and a small estate, which he divided among...   Cases  
Sealy v. Laurens 1 Des. 137, Court of Chancery of South Carolina (December 01, 1787) 1787 The bill was filed in this case to recover an estate to which the complainant's testator was alleged to be entitled, under the will of his father Elias Ball. The testator by his last will, executed on the 18th August, 1757, after directing the payment of debts, bequeathed the remainder of his estate, real and personal, to be equally divided among...   Cases  
Simpson v. Gibbes 1 Des. 145, Court of Chancery of South Carolina (December 01, 1787) 1787 The complainant stated that Thomas Fenwick, a son and devisee and legatee of Edward Fenwick, became indebted to complainant in the year 1779; and in the year 1780, offered him the sale of a lot of land on the Bay of Charleston, which was devised to him by his father: That finding Thomas Fenwick could not pay him in any other way, he agreed to...   Cases  
Wilson v. Hinkley 1 Kirby 199, Superior Court of Connecticut (January 01, 1787) 1787 With regard to the plea in abatement.-A justice of the peace is bound by his oath not to be of counsel in any quarrel that shall come before him; and he ought also to be cautious in declaring extra-judicial opinions, lest an undue use should be made of them; yet is he not, merely by having manifested his opinion on a question of law, legally...   Cases  
Wilson v. Hinkley 1 Kirby 199 (January 01, 1787) 1787 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Pettis v. Warren 1 Kirby 426 (March 01, 1788) 1788 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Robinson v. Adams' Lessee 4 Dall.Append. XII, High Court of Errors and Appeals of Delaware (September 01, 1788) 1788 An action of trespass of ejectment, was brought, by the respondent, against the appellants, in the Common Pleas, of Sussex, for a tract of land situated in that county. The action was removed into the Supreme Court, by certiorari; and, upon the trial there, the jury found a special verdict. The verdict states, that Thomas Bagwell was seised...   Cases  
Smith v. Poyas 1 Des. 156, Court of Chancery of South Carolina (June 01, 1788) 1788 The testator Henry Smith devised his Goose-creek plantation to his son Thomas Smith (the complainant) and his heirs, and directs him to pay certain legacies to his daughters. In a codicil to the will the testator directs that his wife should have a right to dwell on the Goose-creek plantation, with liberty to plant thereon, and make use of the...   Cases  
Greenland v. Brown 1 Des. 196, Court of Chancery of South Carolina (September 01, 1789) 1789 The bill charges that the complainant was a widow, possessed of a considerable real and personal estate, and in March, 1788, intermarried with Cornelius Brown, an Englishman who had recently settled in the countryAnd he, by virtue of the marital rights, took possession of the estate, and appropriated part of the profits to the purchase of a...   Cases  
Keating v. Reynolds 1 Bay 80, Courts of Common Pleas and General Sessions of the Peace of South (December 30, 1789) 1789 Personal estates may be limited over, as well as real estates, provided such limitation has not a tendency to create a perpetuity. Every thing therefore depends upon the remoteness of the contingency. In the present case, I am of opinion, that the limitation is good, being within those reasonable bounds, which the policy of the law has prescribed....   Cases  
Tims v. Potter 1 N.C. 12, Superior Courts of Law and Equity of North Carolina (January 01, 1789) 1789 This case has been twice ably argued. My mind is fully satisfied, and I am sure without bias. When this case was first stirred, I inclined to be of opinion for the defendant; but when the authorities and reasons were examined, on the second argument, they were evidently inapplicable to the present case. We have taken great consideration of this...   Cases  
Beresford v. Elliott's Ex'rs 1 Des. 183, Court of Chancery of South Carolina (December 01, 1790) 1790 This is a case arising out of the will of Thomas Law Elliott. He being seized and possessed a considerable real and personal estate, made and duly executed his will on the 6th of December, 1756, wherein, after giving a specific legacy to his wife, he bequeathed as follows: The use of all hereafter mentioned to his son Thomas Elliott; viz. two...   Cases  
Cowperthwaite v. Jones 2 U.S. 55, Court of Common Pleas of Pennsylvania, Philadelphia County (August 01, 1790) 1790 A motion for a new trial having been made and argued in this cause, the President now delivered the opinion of the Court, in the following terms. The motion for a new trial in this cause has been made on several grounds: 1st. Because the jury have misbehaved, in adopting an improper mode of estimating the damages; by setting down each the...   Cases  
Dulany v. Wells 3 H. & McH. 20, General Court of Maryland (October 01, 1790) 1790 THIS was an action of debt on a bond. By the statement of facts agreed on, and submitted to the court for their opinion and judgment thereon, it appears, That Thomas Bladen, the above mentioned, and Charles Wells, the defendant, on the 1st of April, 1775, were subjects of the King of Great Britain, and on the said day and year the said Charles...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Ferrell v. Perry 1 N.C. 25, Superior Courts of Law and Equity of North Carolina (October 01, 1790) 1790 But Moore condemned the authority of Lucas, and contended that the old rule of being immediately interested was the only sure guide, for since the courts have departed from that there has been no landmark, &c. Of which opinion was the Court, for they said that the present verdict cannot be given in evidence in an action against the witness, &c....   Cases  
Johnston v. Meriwether 3 Call 523, Supreme Court of Appeals of Virginia (June 01, 1790) 1790 If a forthcoming bond be not good as a statutory bond, it may be good as a bond at common law. On a bond with a collateral condition, the jury may find more damages than are laid in the declaration. Walter King Cole had obtained against Thomas Johnston one of the plaintiffs, who was Sheriff of the county of Louisa, a judgment; and thereupon, an...   Cases  
Pendleton v. Lomax Wythe 4, High Court of Chancery of Virginia (July 01, 1790) 1790 That the act of limitations is no bar to the demand of the plaintiff, under the particular CIRCUMSTANCES of his case. In this opinion is implied, that if these circumstances had not been in the plaintiffs case, he would have been barred. let us then enquire if the circumstances ought to have prevented the bar. The circumstances are...   Cases  
Reeder v. Cartwright 2 H. & McH. 469, General Court of Maryland (May 01, 1790) 1790 But uses and trusts at common law were what trusts now are; they were interests that existed in idea or equity only, and were not assets in the hands of the heir, nor subject to the payment of debts; nor were they such an interest of which a woman could be endowed. 1 Co. 121. 1 Ch. Cas. 14. 128. Gilb. Uses, 37. 73. Suppose the case of a mortgage;...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
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