TitleCitationYearSummaryMost RelevantTypeStatus
Anonymous 3 N.C. 352, Superior Courts of Law and Equity of North Carolina (July 01, 1805) 1805 allowed the objection to be good; but on the motion of the defendant, he permitted the father of the plaintiff, who was a defendant, to be made plaintiff, and put off the hearing to a future time, in order that the amendments might be made.   Cases  
Ballard v. Leavell 5 Call 531, Supreme Court of Appeals of Virginia (October 01, 1805) 1805 It always gives me pain to reverse judgments upon grounds which appear to be technical, and do not entirely accord with the general understanding of men. But I hold myself bound by well established precedents, and disclaim a power to change the law. In the case before us, I am compelled to consider the declaration as radically defective, in not...   Cases  
Blunt v. Gee 5 Call 481, Supreme Court of Appeals of Virginia (October 01, 1805) 1805 The court is of opinion that the appellee Mary, by her not having renounced the provision made for her by the will of her former husband Cordall Norfleet, and all benefit which she might claim by the same will, within one year from the time of the death of the said Cordall, is barred, by law, from claiming, or having, more, or the use of more of...   Cases  
Campbell's Ex'rs v. Sullivan Hard. 17, Court of Appeals of Kentucky (April 01, 1805) 1805 No case has been adduced, nor can the court in all their researches find one, where it has been adjudged, that the creating a trust upon personal estate, or in other words, a devise of personal estate alone, for the payment of debts, has revived a debt that was barred by the statute of limitations; and the note in 3 Pr. Wms. 89, shows that none...   Cases  
Commonwealth v. Brown 5 Call 569, Supreme Court of Appeals of Virginia (May 01, 1805) 1805 Reverse the judgment, and dismiss the petition.   Cases  
Dandridge v. Dorrington 5 Call 351, Supreme Court of Appeals of Virginia (April 01, 1805) 1805 William Dandridge, by his will dated September 1st, 1802, devised as follows: First, I do in consideration and grateful acknowledgment of the affection I bear to my beloved wife; of the great attention and constant aid she has always afforded to me in all my sicknesses and distresses, together with the portion I received by her, leave her...   Cases  
Deneale v. Morgan's Ex'rs 5 Call 407, Supreme Court of Appeals of Virginia (April 01, 1805) 1805 Hugh West, in the year 1767, made his will as follows, I desire that all my just debts be paid; and, in order to enable my executors to do so, I hereby order that they, my said executors, or the survivor or survivors of them, or a majority of them then living, (if they shall think fit,) do sell and dispose of my whole estate real and...   Cases  
Ely v. Van Beuren 3 Cai. R. 218, Supreme Court of New York (January 01, 1805) 1805 After verdict in a justice's court in an action for a penalty, it will be intended that the offence proved was such as warranted the penalty declared for, and, therefore, all want of form in the declaration cured. In such a suit, if only a portion of the penalty be demanded, it will, after verdict, be intended the residue was waived, and the...   Cases  
Ely v. Van Beuren 3 Cai. R. 218 (January 01, 1805) 1805 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  
Grant v. Boyd Sneed (KY) 348, Court of Appeals of Kentucky (January 18, 1805) 1805 Where land has been taken in execution and the execution returned without a sale, or relinquishment of the levy, the issual of a second execution, while the first levy stands undisposed of, and all proceedings thereon, are illegal. UPON A WRIT OF ERROR TO REVERSE A JUDGMENT OF THE COURT OF QUARTER SESSIONS OF CAMPBELL COUNTY. It appears that Boyd,...   Cases  
Harrison v. Harrison 3 N.C. 355, Superior Courts of Law and Equity of North Carolina (October 01, 1805) 1805 The rule is, if the verdict in the present case cannot be given in evidence in the suit against the witness, he shall be deemed disinterested; and it is no exception to the rule that he conceives himself interested, when in reality he is not. He was sworn, and proved the detainer, and the plaintiff had a verdict and judgment.   Cases  
Higbie v. Hopkins 12 F.Cas. 126, Circuit Court, D Pennsylvania (April 01, 1805) 1805 On the 21st August, the defendant gave a receipt to plaintiff, for James Watson's note to Love, for 1350 dollars, endorsed by Love to plaintiff, and for Joseph Watson's note for 1075 dollars; which the defendant promised to be accountable for to the plaintiff, when requested. The defendant filed a bill on the equity side of this court, against the...   Cases  
Hodgson v. Butts 3 Cranch 140, Supreme Court of the United States (February 01, 1805) 1805 A mortgage of chattels in Virginia, is void as to creditors and subsequent purchasers, unless it be acknowledged, or proved by the oaths of three witnesses, and recorded in the same manner as conveyances of land are required to be acknowledged or proved, and recorded. ERROR to the circuit court for the district of Columbia, sitting at Alexandria,...   Cases  
House v. Bryant 3 N.C. 374, Superior Courts of Law and Equity of North Carolina (November 01, 1805) 1805 I cannot set aside the verdict on these facts. Motion refused.   Cases  
James v. Carr 2 Del.Cas. 223 (May 11, 1805) 1805 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  
Lambert's Lessee v. Paine 3 Cranch 97, Supreme Court of the United States (February 01, 1805) 1805 THIS was an ejectment brought in the circuit court of the United States, for the middle circuit in the Virginia district; in which John Doe, a subject of the king of Great Britain, residing without the state of Virginia, lessee of John Lambert, another subject of the king of Great Britain, complains of Richard Roe, a citizen of Virginia, residing...   Cases  
Link v. Beuner 3 Cai. R. 325 (January 01, 1805) 1805 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  
Marine Ins. Co. v. Wilson 3 Cranch 187, Supreme Court of the United States (February 01, 1805) 1805 THIS was an action of covenant in the circuit court of the district of Columbia, sitting at Alexandria, brought by Wilson, the defendant in error, against the Marine Insurance Company of Alexandria, upon a policy of insurance on the brig George, from Alexandria to Havrede-Grace, &c. One of the clauses in the policy was in the following words, viz....   Cases  
McFarlane v. Moore 1 Tenn. 174, Superior Court of Law and Equity of Tennessee (September 01, 1805) 1805 Whiteside objected to the reception of the above evidence; the contract of sale having been reduced to writing, no parol proof could be introduced. The jury found a verdict for the plaintiff at the last term. Whiteside in support of the rule, argued that it was important to preserve the distinction between written and unwritten contracts. In the...   Cases  
Milligan v. Milledge 3 Cranch 220, Supreme Court of the United States (February 01, 1805) 1805 ERROR to the circuit court for the district of Georgia, in chancery sitting. The object of the bill was to recover from the defendants, as legatees and devisees of George Galphin, deceased, a debt due by him to the complainant's intestate, as surviving partner of Clark and Milligan. The bill charges, that Clark and Milligan were merchants in...   Cases  
M'Ilvaine v. Coxe's Lessee 2 Cranch 280, Supreme Court of the United States (February 01, 1805) 1805 Quere. Whether a person born in the colony of N. Jersey before the war with G. Britain, & who resided there until the year 1777, but who then joined the British army in Philadelphia, and afterwards went to England, where he has ever since resided, and who has always claimed to be a British subject, can now take and hold lands in the state of New...   Cases  
Moreland v. Majors 1 Mur. 48, Court of Conference of North Carolina (June 01, 1805) 1805 The decision of this case depends upon the construction of the third clause of the will of Francis Moreland. On the part of the plaintiffs it is contended that the limitation to the brothers and sisters is so expressed, that it must take effect, if at all, at the death of Francis Moreland, and that consequently it is within the limits prescribed by...   Cases  
Moreland v. Moreland's Ex'rs 3 N.C. 375, Superior Courts of Law and Equity of North Carolina (December 01, 1805) 1805 Brothers and sisters then living, means brothers and sisters in being at the time of making the will; not those who shall come into being afterwards. Moreover, the words then living, are used in other clauses of this will, where they evidently refer to the death of the legatee for life. That proves that in this place they have the same reference,...   Cases  
Palmer v. Mikell 2 Des. 342, Court of Chancery of South Carolina (May 01, 1805) 1805 A will having been executed under circumstances which made it doubtful whether the testator was in such a state of mind & body as to be capable of duly making a will, and the same having been proved before the ordinary without opposition from the nearest of kin, because they were unapprized of the grounds of doubt, the court decreed that the...   Cases  
Porter v. Breckenridge Hard. 21, Court of Appeals of Kentucky (April 01, 1805) 1805 THE OPINION AND DECREE OF THIS COURT on the writ of error Porter against Breckenridge, was as follows: In this case two questions are made--the first, is the complainant entitled to a decree for a specific conveyance of the land in the bill mentioned? The second, if he is, should it be upon the terms annexed by the decree of the inferior court, or...   Cases  
Ragan v. Kennedy 1 Tenn. 91, Superior Court of Law and Equity of Tennessee (March 01, 1805) 1805 A bill of sale of personal property, by a person indebted, absolute and without condition on its face, is void, if not accompanied and followed by possession of the property, even if a consideration was paid. [[[[Overruled by Cullen v. Thompson, 3 Y. 477, citing this case.] If the vendor remain in possession after a bill of sale, a second bill of...   Cases  
Reed v. Lansdale Hard. 6, Court of Appeals of Kentucky (May 03, 1805) 1805 1. Wherever it appears, from the transactions of the parties, to have been the intention of one to lend and of the other to secure the money lent, by delivering property to the lender, it amounts to a mortgage. 2. The equitable rule in redeeming when the mortgagee is in possession, is to charge the profits of the mortgaged property against...   Cases  
Rhodes v. Gregory 3 N.C. 351, Superior Courts of Law and Equity of North Carolina (July 01, 1805) 1805 It has been decided in the Court of Conference, that such an action is not maintainable against executors after the death of defendant, then testator. On the importunity of one of the defendant's counsel, the Judge agreed to carry the cause to the Court of Conference.   Cases  
Ridley's Adm'rs v. Thorpe 3 N.C. 343, Superior Courts of Law and Equity of North Carolina (April 01, 1805) 1805 Where a bond has not been sued upon for the space of twenty years, nor interest paid upon it in that time; and if the plaintiff cannot account for not suing in the time, a jury are at liberty to presume the bond to have been paid. The defendents rely upon length of time, as such evidence of payment in the present case. The plaintiff says he has...   Cases  
Rose v. Himely Bee 316, Circuit Court, D South Carolina (January 01, 1805) 1805 Appeal from the district court of the United States for the district of South Carolina. In admiralty.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Ruan v. Perry 3 Cai. R. 120, Supreme Court of New York (May 01, 1805) 1805 Trespass will not lie against a naval officer for bringing to, and taking out of her course a neutral vessel, if it be done in pursuance of instructions from the secretary of the navy, although in consequence of being so taken out of her course, she be captured by another nation, and condemned as prize, unless there appears to be collusion between...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Ruan v. Perry 3 Cai. R. 120 (May 01, 1805) 1805 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 The case or administrative decision is no longer good law for at least one of the points it contains.
Rucher v. Conyngham 2 Pet. Adm. 295, District Court, D Pennsylvania (January 01, 1805) 1805 In admiralty.   Cases  
Scrivener's Adm'r v. Scrivener's Ex'rs 1 H. & J. 743, Court of Appeals of Maryland (June 01, 1805) 1805 On a bill filed in the court of chancery by the administrator of an intestate, claiming (after a number of years had elapsed,) in the intestate's own right, and in right of a deceased brother, distributive shares of the personal estates of his father and brother, and a distributive share of his mother's personal estate, against the executors of...   Cases  
Skinner v. Robinson Hard. 4, Court of Appeals of Kentucky (April 13, 1805) 1805 THE COURT, after argument, were of opinion there was no error in the decision of the inferior court, and affirmed the judgment and proceedings.   Cases  
Stevens v. Columbian Ins. Co. 3 Cai. R. 43, Supreme Court of New York (May 01, 1805) 1805 We think the assured is entitled to recover the gross amount of freight. Although indemnity is the leading object of insurance, it is not always the criterion by which to ascertain the amount of the loss. In an open policy on goods, the rule by which to estimate a total loss is the invoice price, and all duties and expenses, till they are put on...   Cases  
Stevens v. Columbian Ins. Co. 3 Cai. R. 43 (May 01, 1805) 1805 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  
Telfair v. Stead's Ex'rs 2 Cranch 407, Supreme Court of the United States (February 01, 1805) 1805 The lands of a deceased debtor, in Georgia, are liable in equity for the payment of his debts without making the heir a party to the suit. This was a writ of error to reverse a decree in chancery of the circuit court for the district of Georgia, rendered in favor of the defendants in error. The bill alleges that John Rae and John Sommerville, as...   Cases  
The Lear Bee 213, District Court, D South Carolina (November 01, 1805) 1805 The libel filed in this case states that Dennis, owner of the brig Lear, sent her in November last on a trading voyage to St. Domingo, and bound to Cape Francois, where she arrived in December, and sold her cargo. Having taken in a return cargo, she proceeded, in February, to Port de Paix, for the sole purpose of joining sundry other American...   Cases  
Toomer's Heirs v. Toomer's Heirs 3 N.C. 368, Superior Courts of Law and Equity of North Carolina (November 01, 1805) 1805 THIS was a petition for the division of lands, under the act of 1787, ch. 17. It stated that Henry Toomer made his will in 1789, and devised to his son Anthony, father of the plaintiffs, an equal share of his estate with the defendants, who were also his children; that he afterwards acquired other real estates, and in 1799 died without making any...   Cases  
U.S. v. Fisher 2 Cranch 358, Supreme Court of the United States (January 01, 1805) 1805 In all cases of insolvency or bankruptcy of a debtor of the United States, they are entitled to priority of payment out of his effects. Error from the circuit court of the district of Pennsylvania. The action was instituted to try two questions, all the necessary facts being conceded to bring the law before the court. The questions were, 1. Whether...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Austin's Adm'x v. Winston's Ex'x 1 Hen. & M. 33, Supreme Court of Appeals of Virginia (October 14, 1806) 1806 Where a transaction between a debtor and his creditor, is intended by them both to defraud the other creditors of the debtor, but the latter, under all the circumstances of the case, is not so culpable as the former, it would seem that a Court of Equity ought not, altogether, to refuse relief to the debtor, but to apportion the relief granted to...   Cases  
Beatty's Adm'rs v. Chapline 2 H. & J. 7, Court of Appeals of Maryland (December 01, 1806) 1806 After a fieri facias has been laid, and before 2 sale of the property seized thereunder, a writ of error, (bond with surety having been approved) does not operate to stay further proceedings under the fieri facias. IN this case a writ of fieri facias issued on the 7th of April 1806, on a judgment rendered in the late general court, at October term...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Bernard v. Hipkins 6 Call 101, Supreme Court of Appeals of Virginia (April 01, 1806) 1806 The only question discussed at the bar was, Whether the word children in the act should be interpreted to extend to grand children of the decedent, living at his death, since their mother, his daughter and only child were dead? If the words child, or children, meant issue, and not merely children of his body, the counsel for the appellants...   Cases  
Biggers' Adm'r v. Alderson 1 Hen. & M. 54, Supreme Court of Appeals of Virginia (October 17, 1806) 1806 1. That the County Court erred in admitting parol evidence, which went to the total destruction of the bill of sale; or to prove it to have been intended as a mortgage. 2. That Alderson was estopped, in a Court of Law, from alleging any thing in contradiction of his own deed; which being, moreover, executed with a view to defraud creditors, ought...   Cases  
Camfranque v. Burnell 4 F.Cas. 1130, Circuit Court, D Pennsylvania (October 01, 1806) 1806 At law. Duponceau obtained a rule on the plaintiff to show his cause of action, and why the defendant should not be permitted to appear on common bail. Moylan, for the plaintiff, produced a promise in writing from the defendant, to pay the money sued for; and a judgment obtained upon this writing, before the regular tribunal in St. Domingo, where...   Cases  
Combe v. Brazier 2 Des. 431, Court of Chancery of South Carolina (May 01, 1806) 1806 A deed was executed conveying certain lands and buildings to trustees of the Methodist Episcopal Church, and giving power to H. and on his death, to B. to nominate a minister for that congregation. Provided however, that such minister should preach the doctrines of Mr. Wesley, according to certain specified books written by him The nomination by B....   Cases  
Commonwealth v. Bristow 6 Call 60, Supreme Court of Appeals of Virginia (April 01, 1806) 1806 On the 7th of October, 1779, an inquisition of escheat was found, before the high sheriff of Prince William county, in pursuance of the act of May 1779, ch. 15, concerning escheats and forfeitures from British subjects, whereby it was found That Robert Bristow, esquire, of the kingdom of Great Britain, upon the 19th day of April, 1775, was...   Cases  
Cruger v. Heyward 2 Des. 422, Court of Chancery of South Carolina (May 01, 1806) 1806 A devise by H. of all his estate, and of all the rest, remainder and residue of his estate, disposes of the contingent interests and remainders which he had in an estate, that did not vest in him during his life. The court will not conjecture whether the testator had it in contemplation to dispose of this contingent estate; but will give effect to...   Cases  
Elford v. Clark 2 Brev. 88, Constitutional Court of Appeals of South Carolina (January 01, 1806) 1806 New trial refused.   Cases  
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