TitleCitationYearSummaryMost RelevantTypeStatus
Johnson v. Carneal's Adm'r Litt.Sel.Cas. 172, Court of Appeals of Kentucky (October 06, 1813) 1813 Robert Johnson, assignee of John Craig, having recovered a judgment at law against Thomas Carneal, for £250, besides interest and costs, on a bond executed the 23d of August, 1787, Carneal, to enjoin it exhibited his bill, alleging that said bond was given in consideration of a 36th part of Drennon's Lick, and certain land around it; that he had...   Cases  
Lawrence v. Heister 3 H. & J. 371, Court of Appeals of Maryland (December 01, 1813) 1813 Independent of the acts of assembly of 1715, ch 47, 1752, ch 8, and November 1766, ch 14, there was no legal mode by which a feme covert could transfer her interest in land, but by common recovery or fine. By the act of 1715 a feme covert, if she is named as grantor in a deed of bargain and sale, may be barred of her lands if she acknowledged the...   Cases  
Le Breton v. Nouchet 3 Mart.(o.s.) 60, Supreme Court of Louisiana (June 01, 1813) 1813 The plaintiff stated herself to be a widow, and the mother of Alexandrine Le Breton, deceased, and as such, her forced heir, and claiming her estate; that her said daughter, being only thirteen years of age, and having no domicil but her mother's, fled therefrom, with the defendant, to Natchez, in the Mississippi territory, where they were married,...   Cases  
McDowell v. Burd 6 Binn. 198, Supreme Court of Pennsylvania (January 01, 1813) 1813 The plaintiff contends in the first place, that the evidence was improper, because the defendant did not set forth that he should also give evidence that the plaintiff knew of the disorder; and next he says, that at all events no evidence should have been received of the state of health subsequent to the sale. 1. The plaintiff's counsel do not...   Cases  
Mealor v. Kimble 2 Mur. 272, Supreme Court of North Carolina (June 01, 1813) 1813 From this case it is evident that the Defendant acted as agent or trustee for the Plaintiff; and that it was the understanding of the parties, he was to have nothing for his trouble. It is equally clear that the agent accounted for the Tobacco at 19s. (under pretence of having sold for that price) and afterwards sold for 24s. by which he gained 5s....   Cases  
O'Brien v. Hardy 3 H. & J. 434, Court of Appeals of Maryland (December 01, 1813) 1813 In an action of replevin by husband and wife, the defendant pleaded five pleas--one, property in himself--two, the act of limitations, and two others, a former action for the same cause of action, &c. On the first plea issue was joined; to the second and third pleas there were replications that the wife was a minor until after her marriage, &c. but...   Cases  
Pizerot v. Meuillon's Heirs 3 Mart.(o.s.) 97, Supreme Court of Louisiana (June 01, 1813) 1813 Meuillon married the plaintiff's sister in 1787: five years after she died, without issue, leaving her husband. Her will contains a bequest of about twenty-four hundred dollars, to be paid from her share in the succession of her mother; another to her husband, of the enjoyment of her part in the succession of her mother, during his life, and...   Cases  
Pottenger's Ex'x v. Steuart 3 H. & J. 347, Court of Appeals of Maryland (December 01, 1813) 1813 N. G, by his will dated in 1784, devised as follow. I give and bequeath unto my son J G, and to the heirs of his body lawfully begotten, all my real estate, at the age of 21 years, provided he does not marry before he arrives to the age of 21 years; if he does, it is then my will that no part of my real estate shall be delivered up to him...   Cases  
Potts v. Harper 3 N.J.L. 1030, Supreme Court of Judicature of New Jersey (January 01, 1813) 1813 We think the Common Pleas did right. Let judgment be affirmed. CITED IN Fox v. Lambson, 3 Halst. 275.   Cases  
Price v. Winston 4 Munf. 63, Supreme Court of Appeals of Virginia (March 11, 1813) 1813 The court is of opinion, that, although no consideration moved to the appellants in this cause, from the representations of Mary Carr, or of John Winston, in the proceedings mentioned, in the event of his having been dead at the time of signing the agreement therein also contained, yet that the said appellants having, by the said agreement, had it...   Cases  
Queen v. Hepburn 7 Cranch 290, Supreme Court of the United States (February 05, 1813) 1813 Present. All the Judges except TODD, J. ERROR to the Circuit Court for the district of Columbia, sitting at Washington. At the trial several bills of exception were taken. 1. The first was for the rejection of part of the deposition of Caleb Clarke, who deposed to a fact respecting the ancestor of the petitioners which he had heard his mother say...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Rogers' Ex'rs v. Berry 10 Johns. 132 (May 01, 1813) 1813 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  
Ross v. Hook's Adm'rs 4 Munf. 97, Supreme Court of Appeals of Virginia (December 11, 1813) 1813 1. On a bill in equity for specific performance of an agreement, although the court, if (from the want of evidence which the defendant, being in contumacy, ought to disclose) it be not able to direct such performance, may decree a sum of money against him conditionally, for the purpose of compelling the production of such evidence; and, in the...   Cases  
Smith ex dem. Teller v. Lorillard 10 Johns. 338, Supreme Court of New York (August 01, 1813) 1813 T. entered into possession of land in New-York, in 1769, on which he had built a house two or three years before, and continued in possession until his death, in 1775; and his family continued in possession afterwards, until they were expelled by the British, in 1776; and no possession was taken of the premises until 1795, when L. entered on the...   Cases  
Smith ex dem. Teller v. Lorillard 10 Johns. 338 (August 01, 1813) 1813 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. Baldwin 1 Tread. 289, Constitutional Court of Appeals of South Carolina (January 01, 1813) 1813 The grounds upon which the appeal in this case is taken, lie in a narrow compass. At the trial the criminal objected to a juror, and demanded that he should be sworn on his voire dire, before he was sworn to set on the trial. The court refused him this right, and said if he wished to prove prejudice, or the expression of an opinion by the juror, he...   Cases  
Strong v. Glasgow 2 Mur. 289, Supreme Court of North Carolina (June 01, 1813) 1813 This case is not influenced by the principles that decided the case of Streator v. Jones, (1 Murph. 449.) The complainants allege, that the Defendant, B. Sheppard, contrary to the agreement he had entered into, which was to purchase the property for the complainants, took an absolute deed to himself. They were not privy to that deed, and of course...   Cases  
Sturges v. Bush 5 Day 452, Supreme Court of Errors of Connecticut (November 01, 1813) 1813 It is my opinion there ought to be a new trial, particularly, on the ground that the charge was incorrect, in stating, that the embargo laws could have no operation in the transaction. I take it to be the opinion of this court, (whatever my private opinion may be,) that it was not necessary for the plaintiff to make a demand of the defendant, to...   Cases  
Taylor v. Mayrant 4 Des. 505, Court of Appeals of Equity of South Carolina (February 01, 1813) 1813 A demurrer for want of proper parties overruled; all the parties necessary to the purposes of justice being before the court. Demurrer on the ground of plain and adequate remedy at law overruled; because a discovery was wanted, and the relief was more complete in this court. After a decree in the Circuit Court of Equity, the Court of Appeals not...   Cases  
Townsend v. Shipps' Heirs 3 Tenn. 294, Supreme Court of Errors and Appeals of Tennessee (January 01, 1813) 1813 This is an action on the case brought by the appellant, and the questions made go to question his right to a recovery. The Court will examine this subject in the order observed by the defendant's counsel. 1. On the principles of the common law; 2. On the principles governing a court of equity; 3. With a view to the principles contained in our...   Cases  
U S v. Charles 2 Cranch C.C. 76, Circuit Court, District of Columbia (June 01, 1813) 1813 Indictment for arson. Mr. Lufborough, the magistrate before whom the prisoner was brought, told him there was evidence enough to commit him at all events, and therefore he had better confess the whore truth, and that probably he would fare the better for it. THE COURT (nem. con.) refused to suffer the confession to be given in evidence against the...   Cases  
U.S. v. Butler 2 Cranch C.C. 75, Circuit Court, District of Columbia (June 01, 1813) 1813 Indictment for arson in burning the stable of Hieronimus.   Cases  
White v. Com. 6 Binn. 179, Supreme Court of Pennsylvania (January 01, 1813) 1813 Edward White has been convicted of murder in the first degree, and judgment of death passed against him by the Court of Oyer and Terminer for the county of Cumberland. By permission of the attorney general, the record has been removed to this Court, and several errors have been assigned, on which we are now to deliver our opinion. The exceptions...   Cases  
Wilson v. Butler 3 Munf. 559, Supreme Court of Appeals of Virginia (February 04, 1813) 1813 The Court is of opinion, that although a party, whose property is taken in execution to satisfy the debt of another, may proceed to recover that property, or damages, for the taking and detaining thereof, in a Court of law; and although it is competent to a sheriff, having doubts as to the title of property taken in execution, to demand from the...   Cases  
Alston ads. Alston 2 Tread. 604, Constitutional Court of Appeals of South Carolina (January 01, 1814) 1814 The months mentioned in the act of 1785 for recording marriage contracts are calendar months. Marriage settlements executed in Georgetown, must be recorded in the office of the secretary of State, notwithstanding the act of 1791.   Cases  
Arnold v. Lanier's Ex'r 4 N.C. 143, Supreme Court of North Carolina (January 01, 1814) 1814 The act of 1799, Chap. 18, § 5, declares that no action of detinue or trover, or action of trespass, where property, either personal or real, is in contest, and such action of trespass is not merely vindictive, shall abate by the death of either party. This is an action of trespass, though not vi et armis, and the passions and feelings have no...   Cases  
Babcock v. Stanley 11 Johns. 178 (January 01, 1814) 1814 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  
Barret v. Barret 4 Des. 447, Court of Appeals of Equity of South Carolina (February 01, 1814) 1814 Parol evidence to prove what property was intended to be comprehended in a deed of settlement received provisionally, but afterwards rejected. A marriage deed construed to comprehend property in expectancy, as well as that in possession, though the words are obscure. There being no words in the deed expressly or clearly indicating that it was...   Cases  
Boatright & Glaze v. Wingate 2 Tread. 521, Constitutional Court of Appeals of South Carolina (November 01, 1814) 1814 On the first ground, I am clearly of opinion that the marriage was a release at law, of all contracts existing between the husband and wife before marriage; but the court of equity would perhaps, under circumstances, enforce the contract, and consider the husband as a trustee for the wife. The second ground involves a question of great importance...   Cases  
Bond v. Jackson 3 Tenn. 500, Supreme Court of Errors and Appeals of Tennessee (January 01, 1814) 1814 On the part of the appellant it has been insisted, 1. That the expressions hemp and tobacco should be construed as hemp or tobacco, and then a tender in tobacco would be good. 2dly. As the quantity of each was not determined by the contract, it was competent for the parties to fix the quantity of each kind before the day of payment. If they...   Cases  
Brice v. State 2 Tenn. 254, Supreme Court of Errors and Appeals of Tennessee (May 01, 1814) 1814 Where the jury, under an indictment containing several counts, one of which is good, and the others bad, return a general verdict of guilty, the Court will give that judgment which the law would authorize upon the good count. If a statute, although passed in colonial times, is consistent with the Constitution, and upon the face of it is perpetual,...   Cases  
Caesar v. Peabody 11 Johns. 68 (January 01, 1814) 1814 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  
Campbell's Adm'r v. Bealor's Adm'r 3 Bibb 300, Court of Appeals of Kentucky (April 19, 1814) 1814 C. BEALOR purchased from Campbell in his lifetime eight acres of land in Jefferson county, at which time the parties entered into an agreement in writing, containing the mutual stipulations of each, and to a true performance thereof, each bound himself in the penalty of 200 dollars. Where vendee had failed to pay part of the purchase, and vendor...   Cases  
Clark's Ex'rs v. Farrar 3 Mart.(o.s.) 247, Supreme Court of Louisiana (February 01, 1814) 1814 This is an action brought upon an instrument of writing, to have payment of part of the price of a plantation sold to the defendant, the appellant, by the Chevalier de la Croix, and Daniel Clark, since deceased, represented by the two plaintiffs and appellees, R. Relf and B. Chew, his executors. An order of seizure having issued, as usual in such...   Cases  
Clayton v. Banks 1 Del.Cas. 520 (December 03, 1814) 1814 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  
Denton v. English 3 Brev. 147, Constitutional Court of Appeals of South Carolina (December 01, 1814) 1814 The A. A. 1795, forbidding the granting or giving more than a certain portion of his estate to a woman with whom a man is living in adultery, allows him to give the proportion mentioned in that act, even as the price of prostitution, or future immoral intercourse.   Cases  
Dufau v. Massicot 3 Mart.(o.s.) 289, Supreme Court of Louisiana (May 01, 1814) 1814 [For subsequent opinion, see Dufau v. Massicot's Heirs, 6 Mart. (N. S.) 182.]   Cases  
Durnford v. Brooks' Syndics 3 Mart.(o.s.) 222, Supreme Court of Louisiana (January 01, 1814) 1814 [For subsequent opinion, see 3 Mart. (O.S.) 269.]   Cases  
Elam v. Bass' Ex'rs 4 Munf. 301, Supreme Court of Appeals of Virginia (December 07, 1814) 1814 Judgment reversed, verdict set aside, and cause remanded for a new trial.   Cases  
Ellinghaus v. Gravier 3 Mart.(o.s.) 385, Supreme Court of Louisiana (July 01, 1814) 1814 In the year 1809, Ellinghaus & Remy, who had been in a general partnership, finding themselves in failing circumstances, called a meeting of their creditors, and entered with them into an amicable arrangement, the principal clause of which was, that they should, in the presence and with the consent of the syndics of their creditors, expose for sale...   Cases  
Fort v. Fort's Ex'rs 4 N.C. 105, Supreme Court of North Carolina (January 01, 1814) 1814 The testator by his last will devised as follows, to wit: First, I make myself an heir to my estate, and for me to have a child's part of my estate forever. I give to my living son, Ricks Fort, big Luke, &c.--likewise, I give and bequeath to my heirs all the rest of my estate, Ricks Fort excepted, because he has received his part of my estate of...   Cases  
Freeny v. McCaully 2 Del.Cas. 406, High Court of Errors and Appeals of Delaware (November 01, 1814) 1814 [The report of this case is incomplete, and for that reason it has not been printed. Ridgely's Notebook II, 102-104.]   Cases  
Gardner v. Neil 4 N.C. 104, Supreme Court of North Carolina (January 01, 1814) 1814 Every entry by one, into the dwelling-house of another, against the will of the occupant, is a trespass, unless warranted by such authority in law as will justify the entry. And the action of trespass is the only proper form of action which the party complaining can legally maintain in such case. Whether the warrant under and by virtue of which the...   Cases  
Gelston v. Russell 11 Johns. 415 (January 01, 1814) 1814 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  
GRAFTON v. FLETCHER. 3 Mart.(o.s.) 486, Supreme Court of Louisiana (October 01, 1814) 1814 Daniel Grafton, the appellee, brought this suit in the Court of the Seventh District, for a sum by him claimed as the price of a tract of land which he averred to have sold to the defendant, the present appellant. No written act of the alleged sale was exhibited, but the plaintiff offered testimonial proof of that contract, and of the possession...   Cases  
Grier v. Shackleford 2 Tread. 642, Constitutional Court of Appeals of South Carolina (May 01, 1814) 1814 No mandamus lies to the managers of elections, to compel them to declare a candidate elected. The decision of the managers, in questions of election, is final and conclusive.   Cases  
Hart's Devisees v. Hawkins' Heirs 3 Bibb 502, Court of Appeals of Kentucky (November 25, 1814) 1814 THIS is a suit in chancery instituted by the devisees and legal representatives of Nathaniel Hart, deceased, against John Hawkins and others, for the recovery of a certain tract of land, upon the following case, to-wit: Partnership entered into for carrying on mercantile business, one of the partners laid out the funds in the purchase of lands,...   Cases  
Hawkins v. Hawkins' Ex'r 4 N.C. 107, Supreme Court of North Carolina (January 01, 1814) 1814 The evidence offered by the defendants, to prove a parol agreement inconsistent with, and repugnant to, the bond of submission executed by the parties, was properly rejected, because forbidden by policy and the plain rules of law; which prohibits the parties to a deed, from contradicting it by parol evidence, unless in cases of fraud and accident....   Cases  
Heard's Trustees v. Martin 1 Tread. 487, Constitutional Court of Appeals of South Carolina (November 01, 1814) 1814 I am of opinion, that it was not necessary that her hand-writing should have been proved. This is not an action brought by one party to a contract against another, to compel a performance of that contract: but it is brought by persons in whom the property has vested by a contract executed against third persons, who are strangers to the transaction....   Cases  
Henry v. Green 4 Munf. 227, Supreme Court of Appeals of Virginia (March 19, 1814) 1814 Both judgments reversed, and judgment entered that the defendant in error recover against the said James Ryburn one hundred and thirty pounds, the damages by the jury in their verdict assessed, and his costs by him about his suit in the said County Court expended; and further that the plaintiff in error recover against the defendant his costs by...   Cases  
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