| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Clarissa v. Edwards |
1 Tenn. 393, Superior Court of Law and Equity of Tennessee (May 01, 1809) |
1809 |
On appeals from an inferior to a superior court in both of which the trial is by jury, the depositions read below may be read in the Appellate Court, if properly transmitted, unless the record show that exception was taken below, or unless there be an intrinsic cause of exception. The law of a sister State, as of a foreign government, must be... |
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Cases |
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| Dabney v. Green |
4 Hen. & M. 101, Supreme Court of Appeals of Virginia (May 22, 1809) |
1809 |
1. Under circumstances, a bill of sale, though absolute on its face, will be deemed a mortgage; the true question always being whether a purchase of the property, or a loan of money or forbearance of a debt were intended. ?? In this case, the circumstances proving the bill of sale to have been intended as a mortgage, were gathered from other... |
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Cases |
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| Drake v. Moore |
1 Bibb 351, Court of Appeals of Kentucky (May 20, 1809) |
1809 |
On error coram vobis, to quash the sheriff's return on an execution and the bond taken as a delivery bond, was erroneous. The bond not being good as a delivery bond, the execution which issued on it, should have been quashed. Whether the bond was or was not good to sustain an action at common law, the Court ought not to have decided. THE plaintiff... |
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Cases |
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| Dubois v. Allen |
Ant. N.P. Cas. 94, Supreme Court of New York (January 01, 1809) |
1809 |
In an action on the case for enticing away defendant's servant, the general rule of damages is the value of the service during the time the servant has been in the defendant's employ; but the jury may, in certain aggravated cases, give the whole value of the servant by way of damages. Under the count for harboring or entertaining a servant,... |
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Cases |
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| Dubois v. Allen |
Ant. N.P. Cas. 94 (January 01, 1809) |
1809 |
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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| Duval v. Bibb |
4 Hen. & M. 113, Supreme Court of Appeals of Virginia (June 01, 1809) |
1809 |
1. A bona fide mortgagee of a tract of land, without notice of any equitable lien in the original vendor, (of whom the mortgagor purchased,) is well authorized to purchase of the mortgagor a release of the equity of redemption, (even after notice from the vendor,) in consideration of any just claim of his upon the mortgagor, originating before such... |
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Cases |
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| Elliott's Ex'rs v. Drayton |
3 Des. 29, Court of Appeals of Equity of South Carolina (February 01, 1809) |
1809 |
THE bill was filed by the executors of Colonel Barnard Elliott, to oblige the defendants to pay a debt due by the late Samuel Elliott to George Somers, in which Colonel B. Elliott had been joined as security in the year 1771; and which debt his representatives had been obliged by suit to pay since the revolutionary war. The defendants admitted the... |
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Cases |
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| Eppes' Ex'rs v. Cole |
4 Hen. & M. 161, Supreme Court of Appeals of Virginia (November 08, 1809) |
1809 |
1. Assumpsit for use and occupation of land, by permission and assent of the plaintiff, on an express promise to pay the plaintiff a certain sum, or, in general terms, to pay him to his satisfaction for such use and occupation, lies at common law, inpendently of the stat. 11 Geo. II. c. 19. 2. It seems, that such action is also maintainable without... |
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Cases |
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| Foster v. Taylor |
2 Brev. 348, Constitutional Court of Appeals of South Carolina (November 01, 1809) |
1809 |
The proprietor of a cotton machine, for cleaning cotton-wool from its seed, who takes cotton to gin for reward, is answerable as a bailee for ordinary neglect. |
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Cases |
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| Fox v. Govan |
4 Hen. & M. 156, Supreme Court of Appeals of Virginia (October 07, 1809) |
1809 |
Although a palpable frivolous bill of exceptions to the opinion of the Court below, is not sufficient to prevent this Court from taking up a cause out of its turn on the docket, as a delay case; yet, if the point be in any degree doubtful, it will not be so taken up. A Court, in granting or refusing a continuance of a cause, ought to exercise a... |
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Cases |
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| Gordon v. Lindo |
1 Cranch C.C. 588, Circuit Court, District of Columbia (December 01, 1809) |
1809 |
Motion by Mr. Law for defendant, to appear without bail. 1st. Because the defendant is a resident of Alexandria county, and has never resided in this county; and by the law of Maryland (1791, c. 43, § 14) cannot be arrested here until a non est has been returned in Alexandria county. 2d. Because this is an action of debt upon a judgment in an... |
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Cases |
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| Hall v. Griffith |
2 H. & J. 483, Court of Appeals of Maryland (December 01, 1809) |
1809 |
The court are of opinion, that the appellant, as administrator de bonis non of John B. Hall, ought to have sold at public sale, pursuant to the order of the orphans court made on the 9th of August 1791, as much of the personal estate of the deceased as would have been sufficient to discharge and satisfy all the debts of the deceased, and all legal... |
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Cases |
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| Hussey v. Allen |
6 Mass. 163, Supreme Judicial Court of Massachusetts (November 01, 1809) |
1809 |
A merchant in a foreign port furnished necessary supplies to a vessel, which when she left home, was owned by A and B; but before the supplies were fur nished, they had parted with all their interest in the vessel, although this fact was not known to the merchant. It was held, in an action brought against A and B for those supplies, that they were... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Jacks v. Tunno |
3 Des. 1, Court of Appeals of Equity of South Carolina (February 01, 1809) |
1809 |
The scope of complainants' bill is to restrain defendants, by perpetual injunction, from selling the house and lot therein mentioned, for the debts due by their father, James Jacks. Complainants claim the premises as their property by the gift of their father, whilst in prosperous circumstances, and not being made with an intent to defraud his... |
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Cases |
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| Jackson v. Marshall's Adm'r |
1 Mur. 323, Supreme Court of North Carolina (July 01, 1809) |
1809 |
It is rather a singular circumstance, that claims, such as the present bills set up, are made at this day, and attempted to be enforced without the authority of a single adjudged case to support them. That conveyances like those set forth, made under similar agreements, have before occurred, there can be little doubt; and it is equally certain,... |
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Cases |
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| Jennings v. Attorney General |
4 Hen. & M. 424, Superior Court of Chancery of Virginia (January 01, 1809) |
1809 |
The deed to Jennings is clearly void as to creditors, and as to subsequent purchasers for a valuable consideration without notice, as it was not recorded in the time and manner prescribed by law; and so this Court said in the case of Moore's Executors against The Auditor, 3 H. & M. p. 232. This Court determined, in that case, that all deeds of... |
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Cases |
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| Ledbetter v. Lofton |
1 Mur. 224, Supreme Court of North Carolina (July 01, 1809) |
1809 |
BY THE COURT.--Proceedings to repeal letters of administration ought to be commenced in the Court in which they were granted. This certiorari must therefore be dismissed. |
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Cases |
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| Marks v. Bryant |
4 Hen. & M. 91, Supreme Court of Appeals of Virginia (May 18, 1809) |
1809 |
1. In every case of an appeal in a controversy concerning the probate of a will, the original paper exhibited for probate ought to be brought before the appellate court, by writ of subpna duces tecum: if such paper cannot be had, the order admitting it to record, or rejecting it, ought neither to be affirmed nor reversed; but the appeal... |
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Cases |
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| McVaughters v. Elder |
2 Brev. 307, Constitutional Court of Appeals of South Carolina (May 06, 1809) |
1809 |
A statutory heir, entitled to a distributory share of an intestate's estate, cannot legally take or retain possession of any of the intestate's estate, as heir, until it is delivered to him in due course of distribution: for his share vests only in interest, and not in possession. An administrator represents the person of his intestate in relation... |
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Cases |
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| Menude v. Delaire |
3 Des. 43, Court of Appeals of Equity of South Carolina (November 01, 1809) |
1809 |
THIS is a plea in bar, on the ground that the cause of action has been already decided upon by a former decree of this Court. The question is within a narrow compass. If the former decree did decide upon the demand now made, then the plea must be sustained, for that decree cannot be examined by a new original bill. It must be by a bill of review,... |
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Cases |
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| Miller v. Commonwealth |
1 Bibb 404, Court of Appeals of Kentucky (May 31, 1809) |
1809 |
After appearance and answer to the merits, it is too late to object to the process for appearance, Reading v. Ford's heirs, 4 Ky. 338, Marshall v. Byram, 4 Ky. 341. The examinationof the mother of a bastard before the justice to obtain a warrant against the father is not competent evidence on the trial. But if read without objection in the Court... |
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Cases |
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| Miller v. Lucas |
1 Mur. 228, Supreme Court of North Carolina (July 01, 1809) |
1809 |
The words in a deed of trust, to pay, satisfy and detain to themselves the sum of £500, together with all costs which shall arise against them for their being security for A, for several different sums of money, also being common and special bail in several suits, do not extend to securityships entered into subsequent to the... |
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Cases |
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| Miller v. Pendleton |
4 Hen. & M. 436, Superior Court of Chancery of Virginia (January 01, 1809) |
1809 |
The plaintiffs are entitled to no preferences among the creditors of the intestate, as the deed was not recorded in the manner prescribed by law; but as the plaintiffs have paid, or are bound to pay, Gray's judgment, they must be allowed to stand in Gray's place, and take that proportion of the assets to which he would be entitled, if he was now a... |
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Cases |
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| Mitchell v. Gregory |
1 Bibb 449, Court of Appeals of Kentucky (June 12, 1809) |
1809 |
In covenant, for delivery of property on a day certain, no special request is necessary. Tender and refusal in covenant, need not be pleaded with an uncore prist. Where the time and place are fixed and the covenantor can discharge the covenant without any concurrent act on the part of the obligee, the plea should be tender, etc., and not... |
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Cases |
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| Morrison v. Galloway |
2 H. & J. 461, Court of Appeals of Maryland (December 01, 1809) |
1809 |
In an action of covenant, brought on the 11th of February 1799, upon an agreement executed on the 18th of March 1796, between M (the plaintiff,) and G (the defendant,) stipulating inter alia that a complete merchant mill should be built by M of materials to be provided by G, who was also to provide a framed or hewed logged dwelling-house at the... |
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Cases |
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| Moss v. Moss' Adm'r |
4 Hen. & M. 293, Supreme Court of Appeals of Virginia (November 30, 1809) |
1809 |
1. In debt on a bond given by distributees to indemnify an administrator for dividing the estate among them; the condition being, that they should pay him their respective proportions of all debts which he should be compelled to pay, that should thereafter come against said estate; it is a sufficient assignment of a breach to say,... |
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Cases |
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| Newton v. Wilson |
3 Hen. & M. 470, Supreme Court of Appeals of Virginia (March 30, 1809) |
1809 |
Interest is not recoverable, by way of damages, in an action of debt for rent-arrear. In an action of debt for rent, the defendant, on the plea of nil debet, may give in evidence any special circumstance shewing that the rent ought to be apportioned. A lease was made of a mill, together with a tract of land adjoining, and a black man as a miller,... |
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Cases |
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| Nimmo's Ex'r v. Commonwealth |
4 Hen. & M. 57, Supreme Court of Appeals of Virginia (May 16, 1809) |
1809 |
1. An executor must, at his peril, take notice of a judgment against his testator, in what Court soever it may have been rendered; and if he exhaust the assets by paying debts of inferior dignity, must satisfy such judgment de bonis propriis. 2. The English maxim, that nullum tempus occurrit regi, has been adopted in Virginia, in... |
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Cases |
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| Pierce v. Turner |
5 Cranch 154, Supreme Court of the United States (February 01, 1809) |
1809 |
ERROR to the circuit court of the district of Columbia, sitting at Alexandria, in an action of debt brought by Pierce against Rebecca Turner, charging her as executrix in her own wrong of her late husband, Charles Turner, deceased. Upon the issue of never executrix, the jury found a special verdict, stating in substance the following case: On the... |
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Cases |
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| Pitcher v. Livingston |
4 Johns. 1, Supreme Court of New York (February 01, 1809) |
1809 |
In an action for breach of the covenant of seisin and for quiet enjoyment in a deed, the plaintiff can recover only the consideration money paid, with interest, and the costs in ejectment. He cannot recover damages for the improvements he has made, nor for the increased value of the land. THIS was an action of covenant. The declaration contained... |
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Cases |
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| Pitcher v. Livingston |
4 Johns. 1 (February 01, 1809) |
1809 |
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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| Pollard v. Baylor's Devisees |
4 Hen. & M. 223, Supreme Court of Appeals of Virginia (October 19, 1809) |
1809 |
The special verdict in this case differs in some particulars from that upon which the Court decided the 20th of October, 1808. In this case, the Jury find, that John Baylor executed a deed of trust to James Brown, to secure the payment of 819l. 7s. 9d. sterling, due to Donald & Burton, merchants in London, in three equal annual instalments, by the... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Prall v. Patten |
3 N.J.L. 570, Supreme Court of Judicature of New Jersey (September 01, 1809) |
1809 |
Was of opinion that the record was inadmissible evidence on the issue; and therefore, that the judgment of the Common Pleas be reversed. Judgment of the Common Pleas reversed, and a venire de nova awarded. |
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Cases |
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| Pringle v. McPherson's Ex'rs |
2 Brev. 279, Constitutional Court of Appeals of South Carolina (January 01, 1809) |
1809 |
In this case an issue had been directed by the Court of Equity, to be made up and tried in the Court of Common Pleas, on the question of devisavit vel non, which was tried before Brevard, J., in Colleton district, and the following special verdict, in substance, was found. That the testator, about to depart for England, made, and duly executed, his... |
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Cases |
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| Reno's Ex'rs v. Davis |
4 Hen. & M. 283, Supreme Court of Appeals of Virginia (November 28, 1809) |
1809 |
1. If one of two coexecutors direct an appeal, writ of error, or supersedeas, originally granted to them both, to be dismissed, the other may proceed without him; and since both are before the Court, an order of severance may ??e made without a summons. 2. In construing a will, the whole must be taken together, and no particular clause, or clauses... |
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Cases |
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| Singery v. Attorney General |
2 H. & J. 487, Court of Appeals of Maryland (December 01, 1809) |
1809 |
Where a court of law admitted evidence to prove that a certificate of survey was forged, such evidence could have been deemed admissible, only on the ground, that if the certificate was proved to be forged, the grant obtained on it was fraudulent, and could have no operation in law to pass the land to the grantee Fraud may be inquired into as well... |
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Cases |
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| State v. Groff |
1 Mur. 270, Supreme Court of North Carolina (July 01, 1809) |
1809 |
We are clearly of opinion, that as the principal lives in the County of Anson, and is amenable to the Law, he ought to be convicted before the accessory is put upon his trial. |
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Cases |
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| Syme v. Montague |
4 Hen. & M. 180, Supreme Court of Appeals of Virginia (October 09, 1809) |
1809 |
1. If a defendant at law be ruled into a trial in the absence of some of his witnesses, to whose materiality he has made affidavit, he may except to the opinion of the Court, and proceed to obtain relief in a superior Court of Common Law, but not in Chancery. 2. It is no ground for relieving in equity either the principal or the sureties in a... |
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Cases |
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| Tabb v. Archer |
3 Hen. & M. 399, Supreme Court of Appeals of Virginia (April 20, 1809) |
1809 |
Marriage-articles are considered as the heads or minutes, only, of an agreement entered into between the parties, upon a valuable consideration, (the marriage,) and being in their nature executory, ought to be construed and moulded, in equity, according to the intention of the parties at the time of concluding them. The children born of the... |
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Cases |
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| Tankersley v. Anderson |
4 Des. 44, Court of Appeals of Equity of South Carolina (February 01, 1809) |
1809 |
Sureties and guarantees may enforce mortgages or other counter-securities given to indemnify them, as soon as they are endangered, and before they have actually paid the original debt.And they are not liable in damages for the detention of the property in goal till sold.They would be liable for any irregularities or impropriety in... |
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Cases |
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| Taylor v. James |
4 Des. 1, Court of Appeals of Equity of South Carolina (February 01, 1809) |
1809 |
A contract in writing by a father, for the purchase of a tract of land from a third person, in trust for his son, gives such an interest in the land to the son, that it cannot be divested or varied by any subsequent act of the father and the vendor. The failure of the inducement to a legacy does not invalidate the legacy, unless founded in fraud,... |
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Cases |
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| Town of Alexandria v. Chapman |
4 Hen. & M. 270, Supreme Court of Appeals of Virginia (November 07, 1809) |
1809 |
1. Under the act of 1796, c. 31. authorizing the May or and Commonalty of Alexandria to recover by motion the amount of moneys assessed for paving the streets, a judgment, (in terms) for such assessments, and also for the taxes of the town, cannot be sustained; notwithstanding, from the account exhibited, it appear that such judgment... |
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Cases |
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| Vick v. Flowers |
1 Mur. 321, Supreme Court of North Carolina (July 01, 1809) |
1809 |
Pending an execution against A. he conveys his property to B. by a deed purporting to be absolute and for a valuable consideration; and it is agreed between A. and B, that when the execution shall be satisfied, B. shall reconvey the property to A. Equity will not enforce this agreement. No person is entitled to the aid of a Court of Equity to... |
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Cases |
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| Warren v. Wigfall |
3 Des. 47, Court of Appeals of Equity of South Carolina (November 01, 1809) |
1809 |
The argument of the opposite counsel is that this is a specific legacy of the second kind; but admit this, and the question still remains whether such legacy should abate; and Lord Hardwicke himself says it is a general legacy, and subject to abatement with the pecuniary legacies; see his explanation in Avelyn and Ward, 1 Vesey, 420, 2. The real... |
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Cases |
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| Alston v. Branch |
1 Mur. 356, Supreme Court of North Carolina (July 01, 1810) |
1810 |
The testator's intention appears to have been, that as his daughters attained the age of eighteen years or married, their shares of his estate, which, before those events happened, were contingent, should become absolute. A literal construction of the will would not effectuate this intention; for then, a dying under eighteen years of age, although... |
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Cases |
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| Anonymous |
4 Des. 94, Court of Appeals of Equity of South Carolina (June 01, 1810) |
1810 |
A wife is not entitled to alimony, out of the fortune of the husband, who leaves his bed and board, unless she makes out a clear case of ill usage by the husband, and of correct conduct on her part. But the parties having lived very unhappily together, and the husband having offered to allow the wife one half the nett income of the settled estate,... |
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Cases |
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| Ayres v. Grimes |
3 H. & J. 95, Court of Appeals of Maryland (June 01, 1810) |
1810 |
An instrument of wrining, purporting to be an original bill of sale, and to have been signed and sealed by the vendor, and to have been duly acknowledged by him before a justice of the peace, with an endorsement thereon, proved to be in the handwriting of a person accustomed to write in the clerk's office of the county, stating that it had been... |
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Cases |
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| Blanc v. City of New Orleans |
1 Mart.(o.s.) 120, Superior Court of the Territory of Orleans (April 01, 1810) |
1810 |
The complainants state, that they are owners of vessels navigating the Bayou St. John; that in pursuance of an ordinance of the City Council of New Orleans, sanctioned by the Mayor, the officers of the corporation are preparing to collect a tax which will materially affect their respective interests, and suggesting that the City Council has... |
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Cases |
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| Bullitt's Ex'rs v. Winston |
1 Munf. 269, Supreme Court of Appeals of Virginia (May 16, 1810) |
1810 |
1. A writ of fieri facias may be levied, without touching, or removing, the property; provided it be in the immediate power of the Sheriff, and admitted by him to have been taken to satisfy the debt. 2. The Sheriff's permitting the property to remain in the possession of a third person, or of the defendant, under a verbal engagement to produce it... |
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Cases |
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| Byrne's Adm'rs v. Stewart's Adm'rs |
3 Des. 135, Court of Appeals of Equity of South Carolina (November 01, 1810) |
1810 |
The COURT then delivered the following decree: The first question then for consideration is, whether this property is to be considered as real or personal estate, at the death of the wife? This is the case of a will, and the intent of the testator must guide us if it applies to the question. It appears to me that the testator did plainly intend to... |
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Cases |
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