| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Berry v. McAllister's Ex'rs |
Cam. & Nor. 100, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
That part of the crop in question, devised by Mary to her daughter, Sarah Eliza, never vested in James so as to make it his property. He acted only as an executor of Archibald McAllister, and it does not appear that any act of his extended to taking possession of one-half of said crop as his own, and without such interference we must presume he... |
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Cases |
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| Blount v. Haddock |
Cam. & Nor. 75, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
As this property never vested in possession during the coverture of the plaintiff's intestate with his wife, Sarah, he could only have recovered in the event of his surviving the donor and his wife, by taking out administration upon his deceased wife's effects And even then the property would have been assets in his hands to pay the debts of his... |
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Cases |
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| Boone v. Durand's Ex'r |
1 Des. 588, Court of Chancery of South Carolina (May 01, 1800) |
1800 |
The plea in bar in this case, having been solemnly argued and overruled by the court at a former hearing, it ought not again to have been brought into view; but the cause should have been taken up on the bill and answer onlyin which case it became necessary for the defendant to prove his answer, as the verdict and judgment were entirely out... |
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Cases |
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| Borrets v. Turner |
3 N.C. 113, Superior Courts of Law and Equity of North Carolina (April 01, 1800) |
1800 |
Much has been said in the argument about the act of limitation: That has two clauses--the first regards possession under irregular and informal conveyances made before the passing of that act, and confirms the title where there either had been a possession for seven years, or where there had been a possession for part of seven years, which should... |
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Cases |
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| Brailsford v. Heyward |
2 Des. 18, Court of Chancery of South Carolina (November 01, 1800) |
1800 |
The testator devised certain real and personal estates to trustees, to hold to the use of his wife during her life, and at her death, to the youngest child of testator, who should attain 21 years of age. The wife died, and also the two youngest children, under 21 years of age. The next child, having attained 21, claimed the estates, and the... |
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Cases |
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| Brevoor v. the Fair American |
1 Pet. Adm. 87, District Court, D Pennsylvania (January 01, 1800) |
1800 |
This is a case of capture by a French privateer called L'Enfant de la Grande Revanche, of the ship, in the libel mentioned, and her cargo, and a recapture, from a prize-master and eight privateersmen, by the libellants, assisted by a certain Anthony Fachtman, the cook of the Fair American. The capture, recapture, and bringing into Charleston, are... |
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Cases |
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| Butts' Adm'r v. Price |
Cam. & Nor. 68, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
The only point in this case upon which we deem it proper to give an opinion is that which is specially stated and made the question upon the record; for being thus particularly reserved by the Court, it is to be intended that they wished it to undergo a further consideration, and that the parties expected by its decision to have a decision of the... |
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Cases |
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| Case of Fries |
Whart.St.Tr. 610, Circuit Court, D Pennsylvania (April 29, 1800) |
1800 |
This was an indictment against John Fries for treason, in levying war against the United States. For a trial on a former indictment, see Case No. 5,126. The prisoner was arraigned, and pleaded not guilty to the following indictment (the first having been withdrawn by the district attorney): The grand inquest of the United States of America, in and... |
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Cases |
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| Course v. Stead |
4 U.S. 22, Supreme Court of the United States (February 01, 1800) |
1800 |
ERROR from the Circuit Court of the Georgia district, sitting in Equity. On the record it appeared, that upon the 5th of May 1795, an order had been made, in the case of Stead et al. executors of Stead, v. Telfair et al. the legal representatives of Rae and Somerville that 3634l.i 14is.i 7 id. sterling, with interest at 5 per cent. from the 1st of... |
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Cases |
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| Elligood v. Oneal |
1 Del.Cas. 284 (November 27, 1800) |
1800 |
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... |
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Trial Court Orders |
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| Estis' Ex'x v. Lenox |
Cam. & Nor. 72, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
The recovery in this action is of a forfeiture for an offence described in the Act of 1799, ch. 11, sec. 4, which being unaccompanied with a duty, and arising simply ex maleficio, the suit will be neither for nor against executors. The penalty is given for the offence merely, without reference to the actual loss or damage which the testator's... |
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Cases |
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| Evans v. Bollen |
4 U.S. 342, Circuit Court, D Pennsylvania (April 01, 1800) |
1800 |
THIS was a qui tam action, in which the following declarawas filed: October Session 1797. In the Circuit Court of the United States for the Pennsylvania District of the Middle Circuit. District of Pennsylvania, ss. George Bollen, late of the district of Pennsylvania, yeoman, was summoned to answer to the United States... |
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Cases |
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| Fish v. Fisher |
2 Johns.Cas. 89 (January 01, 1800) |
1800 |
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... |
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Trial Court Orders |
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| Garrett v. Hughlett |
1 H. & J. 3, General Court of Maryland (April 01, 1800) |
1800 |
A bill of sale of personal property may be deemed fraudulent from other circumstances than that of the vendor's continuing in possession; and the acknowledgment & recording of the bill of sale, where the vendor remains in possession, is not conclusive to show the absence of fraud. A distress for rent in arrear, to be legal, must be agreeably to the... |
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Cases |
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| Goold v. Shaw |
1 Johns.Cas. 293, Supreme Court, New York County, New York (April 01, 1800) |
1800 |
A ship was insured from New-York to the East-Indies, and was compelled in consequence of a storm, to put into Martinique, for repairs, and the cargo, consisting chiefly of claret and porter was unladen, and though undamaged, it was sold, because, from the heat of the climate, and exposure on the beach, it was in great danger of spoiling, and the... |
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Cases |
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| Goold v. Shaw |
1 Johns.Cas. 293 (April 01, 1800) |
1800 |
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... |
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Trial Court Orders |
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| Graham v. Woodson |
2 Call 249, Supreme Court of Appeals of Virginia (April 01, 1800) |
1800 |
Delivered the resolution of the Court, that there was no error in the decree upon the merits; and as to the interest that it was discretionary in the Court to allow it or not. But in this case the defendant had no title to have it taken off, as he had endeavoured to defeat the rents altogether, and thereby delayed the payment. Decree affirmed. |
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Cases |
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| Halcomb v. Flournoy |
2 Call 433, Supreme Court of Appeals of Virginia (October 01, 1800) |
1800 |
If there be an order of reference made during the pendency of a suit, the award, in pursuance thereof need not lie in Court two terms, as it is not within the act of Assembly, upon awards. What damages may be estimated by arbitrators upon a bond given by the deputy to indemnify and save harmless the High Sheriff. FLOURNOY brought debt in the... |
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Cases |
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| Hart v. the Littlejohn |
1 Pet. Adm. 115, District Court, D Pennsylvania (January 01, 1800) |
1800 |
In admiralty. |
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Cases |
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| Herbert v. Alexander |
2 Call 498, Supreme Court of Appeals of Virginia (October 01, 1800) |
1800 |
What agreement of an attorney will bind his client. ALEXANDER brought an action on the case against Herbert in the District Court, and declared, that whereas sometime in the year 178 an action of ejectment was instituted in the General Court by Charles Alexander against William Bryan, Benjamin Vanpett and Charles Curtis lessees and tenants of the... |
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Cases |
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| Heyward v. Brailsford |
2 Bay 255, Constitutional Court of Appeals of South Carolina (January 01, 1800) |
1800 |
TRESPASS to try title to a house and lot in Meeting-street, in the city of Charleston. This case came before the judges on a special verdict, founded on the last will and testament of Daniel Heyward, deceased; as the right and title to the premises in question, depended on a true construction of that will. The special verdict stated, that the... |
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Cases |
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| Hogg v. Ashe |
Cam. & Nor. 3, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
The judgment pleaded as a set-off being founded on a cause of action which arose subsequent to the assignment by Samuel Campbell of his interest in the copartnership of Hogg and Campbell to James Hogg, can not operate to discharge a debt due from the defendant to Hogg and Campbell, which debt appears to have been comprehended in the assignment. I... |
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Cases |
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| Hutchins v. McLean |
Cam. & Nor. 110, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
The reasons in arrest of judgment can not avail the defendant. He ought to have demurred for the cause assigned in his reasons in arrest of judgment, but having pleaded an issuable plea, and that being found against him, it is too late after the verdict to take the exceptions. This defect being excused by the several acts of the General Assembly... |
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Cases |
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| Mullington's Ex'rs v. Shipman |
Cam. & Nor. 113, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
The rules of the ancient common law, respecting personal goods and chattels, have been disregarded, and a man by deed or will may dispose of the use of his books or furniture to one man, and the remainder over to another, and the remainder will be good. 2 Blac., 398. And of course he may, in like manner, dispose of any part of the increase of his... |
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Cases |
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| Pleasants v. Pleasants |
2 Call 319, Supreme Court of Appeals of Virginia (April 01, 1800) |
1800 |
The doctrine of perpetuities and executory limitations considered. THis was an appeal from a decree of the High Court of Chancery in a suit brought by Robert Pleasants son and heir of John Pleasants deceased against Charles Logan, Samuel Pleasants junior Isaac Pleasants and Jane his wife, Thomas Pleasants junior and Margaret his wife, Elizabeth... |
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Cases |
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| Pomeroy v. Manin |
2 Paine 476, Circuit Court, D Connecticut (January 01, 1800) |
1800 |
This was a bill in equity by Benjamin Pomeroy, administrator of Charles E. Phelps, against D. F. Manin, B. F. Phelps, & Foote, to set aside and declare null and void a certain instrument executed by Charles E. Phelps in his lifetime to the defendant D. F. Manin. |
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Cases |
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| Radford v. Westcott's Ex'x |
1 Des. 596, Court of Chancery of South Carolina (November 01, 1800) |
1800 |
Chancellor Rutledge delivered the decree of the court: There are several questions in this case. First. Whether the devise of the tract of land of one hundred and sixty acres, to testator's wife, for life, and after her death to his sons in fee, includes an important toll causey, adjacent to and going over part of the tract of one hundred and sixty... |
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Cases |
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| Robertson v. Campbell |
2 Call 421, Supreme Court of Appeals of Virginia (October 01, 1800) |
1800 |
What shall be considered as a mortgage, and not a conditional sale. THIS was an appeal from a decree of the High Court of Chancery. The bill states, that the plaintiffs brother was sued in Philadelphia, for 240,000 lb. tobacco. That the plaintiff and Shore and M'Connico became his security to Wilson the creditor, for payment thereof. That the... |
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Cases |
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| Russell's Lessee v. Baker |
1 H. & J. 71, General Court of Maryland (September 01, 1800) |
1800 |
The Lord Proprietary had not the royal rights of the King of G. B. and he might be barred by the act of limitations and adverse possession of lands, which he claimed by escheat, &c. Where the Lord Proprietary, and J. Y. were tenants in common of a tract of land in 1686, at the time when the Proprietary was in Maryland, where he remained for two... |
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Cases |
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| Sable v. Hitchcock |
2 Johns.Cas. 79 (January 01, 1800) |
1800 |
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... |
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Trial Court Orders |
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| Spendlove v. Spendlove |
Cam. & Nor. 36, Superior Courts of Law and Equity of North Carolina (June 01, 1800) |
1800 |
The Court of Equity will issue a writ to the sheriff to take out of the defendant's possession, property, which is the subject of a suit, if it appear that there is danger of the removal of the property, unless he gives security for its production, etc. This was an original bill, brought by Peter Mallett and Edward Jones, Esquires, attorneys in... |
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Cases |
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| State v. Ben |
1 H. & J. 99, General Court of Maryland (September 01, 1800) |
1800 |
THE COURT seemed to think, that as the act says, any felony with or without benefit of clergy, murder being felony, must of course be included. But the Attorney General contended, that murder was not such a felony as was there meant, and that a pardon of all felonies would not pardon murder. THE COURT thought proper to take time to consider the... |
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Cases |
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| State v. David |
1 Del.Cas. 252, Court of Quarter Sessions of the Peace of Delaware (April 01, 1800) |
1800 |
Indictment, larceny. |
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Cases |
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| State v. George |
2 Del.Cas. 137, Court of Quarter Sessions of the Peace of Delaware (November 21, 1800) |
1800 |
Indictment for a rape on Sarah Sally, the wife of John Jones of Broadkiln Hundred. |
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Cases |
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| State v. Harding |
2 Bay 267, Constitutional Court of Appeals of South Carolina (December 30, 1800) |
1800 |
HORSE-STEALING. He was ordered down to Columbia, in order to be present at the argument on a motion for a new trial on his behalf. Mr. Gist, on the part of the prisoner, moved for a new trial on three grounds. 1. Misconduct on the part of the foreman of the jury who tried the cause, in saying before the trial, By God he was one of the jury who was... |
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Cases |
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| State v. Loftland |
2 Del.Cas. 133, Court of Quarter Sessions of the Peace of Delaware (May 14, 1800) (1800) |
1800 |
Indictment. Felony for stealing $172.01 of James Neal and Clement Clark on the 7th of March, 1799. |
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Cases |
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| Stephens v. Bales of Cotton |
Bee 170, District Court, D South Carolina (January 01, 1800) |
1800 |
In admiralty. |
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Cases |
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| Sword's Lessee v. Adams |
3 Yeates 34, Supreme Court of Pennsylvania (January 01, 1800) |
1800 |
Devise to M. her heirs and assigns, and M. dies in testatrix's life time, leaving an infant son, the devise is lapsed and void, though testatrix was assured that the son would take, by one interested in the estate. Parol evidence of the intentions of testatrix in such case, not admissible. EJECTMENT for a house and lot of ground in the city of... |
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Cases |
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| U S v. Thomas |
Whart.St.Tr. 682, Circuit Court, D Pennsylvania (January 01, 1800) |
1800 |
In two indictments, one of which was returned ignoramus, and the other of which was never pressed, it was charged that defendants did open and the contents thereof did promulgate and make known, two letters addressed by Mr. Liston, the British minister in Philadelphia, to Mr. Rusel, president of the British frontier in Upper Canada. The evidence... |
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Cases |
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| U.S. v. Bates |
24 F.Cas. 1042 (January 01, 1800) |
1800 |
The above statement of the points determined was taken from Brightly's Dig. 161, 206, 211, 441. Nowhere reported; opinion not now accessible. |
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Cases |
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| U.S. v. Callender |
Chase's Trial 65, Circuit Court, D Virginia (January 01, 1800) |
1800 |
Indictment against James Thompson Callender for a seditious libel against the president of the United States. The matter set out in the indictment as libellous was as follows: The reign of Mr. Adams has been one continued tempest of malignant passions. As president, he has never opened his lips, or lifted his pen without threatening and scolding;... |
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Cases |
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| Walthall v. Johnston |
2 Call 275, Supreme Court of Appeals of Virginia (April 01, 1800) |
1800 |
There was nothing improper in submitting the evidence to the jury: But it might have been otherwise, if it had been gaming, usury or any other thing of that nature, which was to have been proved. Judgment Affirmed. |
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Cases |
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| Wilson v. Stevenson's Adm'rs |
2 Call 213, Supreme Court of Appeals of Virginia (April 01, 1800) |
1800 |
Quere If there be a joint notice given on a forthcoming bond, to both obligors the plaintiff can take judgment against one of them only? If the forthcoming bond be not forfeited at the time when the injunction issues the penalty is saved; but it is otherwise, if the bond be forfeited before the injunc tion issues. STEVENSON'S administrator gave the... |
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Cases |
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| Anonymous |
3 N.C. 134, Superior Courts of Law and Equity of North Carolina (January 01, 1801) |
1801 |
EJECTMENT. The plaintiff purchased from one who had been absent about thirty years or more in South-Carolina, who claimed as heir to his father, who had been absent forty years or more. Some years after the departure of the father, the defendant took possession, and claimed the land to the present time; and in 1784 obtained a patent from the state.... |
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Cases |
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| Anonymous |
3 N.C. 134, Superior Courts of Law and Equity of North Carolina (January 01, 1801) |
1801 |
He said the executors had only a reasonable time, not their whole life to perform the trust: they should have applied as soon as they reasonably could. Having not done so in several years, it is to be taken that the trust is impossible to be performed; and then the complain ant is entitled. |
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Cases |
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| Ashe's Devisees v. Drennis |
2 Bay 329, Constitutional Court of Appeals of South Carolina (January 01, 1801) |
1801 |
TRESPASS to try title to a lot of land in King-street, in which there was a verdict for defendant. Motion for a new trial. The case was as follows. Daniel Ward, a creditor of the deceased John Ashe, brought his suit for the recovery of a debt, and obtained judgment against the estate of the deceased, upon which an execution issued, and the lot in... |
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Cases |
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| Campbell v. Wallace |
3 Yeates 271, Supreme Court of Pennsylvania (January 01, 1801) |
1801 |
Parol evidence will not be received to prove the contents of written papers, unless they are proved to be lost, or in the possession of the adverse party. INDEBITATUS assumpsit for 106l. had and received to the plaintiff's use. Pleas, non assumpsit and payment, and the act of limitations. The suit was brought to recover back the price of two... |
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Cases |
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| Cannon v. Polk |
1 Del.Cas. 307 (April 30, 1801) |
1801 |
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... |
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Trial Court Orders |
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| Cook v. Neaff |
3 Yeates 259, Supreme Court of Pennsylvania (January 01, 1801) |
1801 |
We cannot receive the paper offered to us in evidence, the same not being on stamped paper, as the act of congress directs. But admitting that we had the entry duly before us, we have no doubts of its validity, though the county is not expressed therein. It is agreed, that Cook lived in Cumberland county at the time, and we know of no other county,... |
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Cases |
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| Cutlar's Adm'rs v. Cutlar's Ex'rs |
3 N.C. 154, Superior Courts of Law and Equity of North Carolina (November 01, 1801) |
1801 |
Evidence may be given to prove that the deed last mentioned was really delivered on the 8th, and before the deed to the daughter and her son. The date is not of the essence of the deed, and it is not sound, as argued, that Cutlar being a party to the deed and now a plaintiff is therefore estopped to say the contrary of that which appeared on his... |
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Cases |
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