| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Hill v. Nall |
2 Tenn. 242, Supreme Court of Errors and Appeals of Tennessee (May 01, 1814) |
1814 |
The title of a purchaser at a judicial sale is not affected by the subsequent reversal of the judgment, where the purchaser is a third person. [[[Acc. Campbell v. McIver, 4 Hay., 60. See Bac. Ab., Error, M., 3; 9 C. & P., 513; 2 Hill, 633; 4 Kent, 436, note; Code, 3186.] When incompetent testimony is admitted (in this instance, a paper without... |
|
Cases |
|
| Hughes v. McCoun's Adm'r |
3 Bibb 254, Court of Appeals of Kentucky (April 05, 1814) |
1814 |
THE plaintiff in error prosecuted an action at law against the intestate, upon a bond for 111l.i 16is. bearing date the 23d of March, 1795, and payable the 1st of May thereafter, and after a trial on an issue joined to the plea of payment, recovered judgment for the amount of the bond with interest, etc. To obtain relief from this judgment the... |
|
Cases |
|
| In re Cochran's Will |
3 Bibb 491, Court of Appeals of Kentucky (November 22, 1814) |
1814 |
THIS is an appeal from a judgment of the County Court of Barren, refusing to admit to record an instrument of writing purporting to be the last will and testament of Reuben Cochran, deceased. To the establishment of this will, two objections were made--1. The want of capacity in the testator to make his will. 2. That it was not executed agreeably... |
|
Cases |
|
| Johnson v. Pryor |
6 Tenn. 243, Supreme Court of Errors and Appeals of Tennessee (January 01, 1814) |
1814 |
If a vendor when he sold the land knew of a fact which rendered the title invalid, and concealed that fact, the sale is void, at the instance of the vendee. (Acc. White v. Flora, 2 Tenn., 426, and cases there cited.) Thus, if he derived title through a sheriff's sale at which he and the sheriff were partners, and conceals the fact, the sale will be... |
|
Cases |
|
| Jones v. Zollicoffer |
4 N.C. 45, Supreme Court of North Carolina (January 01, 1814) |
1814 |
Two motions were made in this cause, in the court below. The first, by the defendant, to dismiss the bill; the second, by the complainants, to expunge an entry made in the original cause; and three points growing out of these motions, are referred to this court. First, whether it is proper to expunge the entry of dismission, before mentioned?... |
|
Cases |
|
| Laughlin v. Flood |
3 Munf. 255, Supreme Court of Appeals of Virginia (March 08, 1814) |
1814 |
The only question in this case is, whether after verdict for the plaintiff, there appears a sufficient cause of action in his declaration to enable the Court to pronounce judgment for him. The declaration is drawn on a covenant between the plaintiff, now appellant, and the testator of the appellee, in which the former engaged to attend carefully,... |
|
Cases |
|
| Laval v. Cromwell |
2 Tread. 593, Constitutional Court of Appeals of South Carolina (January 01, 1814) |
1814 |
This was an action of debt on the bond of the defendants, in the penal sum of one thousand pounds, conditioned that the defendant, Oliver Cromwell, who was a clerk of the plaintiff in the sheriff's office, should account for all sums of money received by him for the sheriff. The plaintiff proved the bond, and a receipt from the defendant, Oliver... |
|
Cases |
|
| Lusk v. Ramsay |
3 Munf. 417, Supreme Court of Appeals of Virginia (March 02, 1814) |
1814 |
Jones & Co., having obtained a judgment against David Lusk, issued a fieri facias against his goods and chattels, which execution was put into the hands of Troyman Waytt, a deputy sheriff for the county of Rockbridge, and was levied on certain goods, which were restored to Lusk, on his giving a forthcoming bond, in the usual form, and with the... |
|
Cases |
|
| Mann v. Mann's Ex'rs |
1 Johns.Ch. 231, Chancery Court of New York (January 01, 1814) |
1814 |
Parol evidence is inadmissible to supply or contradict, enlarge or vary, the words of a will, or to explain the intention of the testator, except there is a latent ambiguity arising dehors the will, as to the person or subject meant to be described; or to rebut a resulting trust. Where the testator bequeathed to his wife all the rest, residue and... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| McGuire v. McGowen |
4 Des. 486, Court of Appeals of Equity of South Carolina (June 01, 1814) |
1814 |
A man who had married the widow and administratrix of an inte??tate, and acted on the estate, and was acting guardian of the minor heirs, applied to the court of common pleas, for a partition of the estate, to one third of which his wife was entitled. The court ordered a division of part, and a sale of the remainder, as recommended by the the... |
|
Cases |
|
| Methodist Episcopal Church v. Jaques |
1 Johns.Ch. 65, Chancery Court of New York (January 01, 1814) |
1814 |
If a defendant submits to answer a bill of discovery, &c., he must answer fully, except in certain cases, as where the discovery may tend to criminate him, or where he is a purchaser for a valuable consideration. If the defendant rests himself on a fact, as an objection to a further discovery, it ought to be such a fact as, if true, would, at once,... |
|
Cases |
|
| Monroe v. James |
4 Munf. 194, Supreme Court of Appeals of Virginia (February 11, 1814) |
1814 |
In England an executor, before probat, may do almost every thing which he can do afterwards. He may take possession of the goods, pay and receive debts, make acquittances and releases of debts, take releases, sell, or give away the goods, assent to legacies, &c.; and these things do not require a subsequent probat to confirm them; for, if he die... |
|
Cases |
|
| Moone v. Henderson |
4 Des. 459, Court of Appeals of Equity of South Carolina (November 01, 1814) |
1814 |
The limitation of an estate to a son, and his heirs, but if any of testator's children should die without an heir, then his share to go to the rest of testator's children, is not too remote. The devise over to the rest of the children, shews that an indefinite failure of issue was not in contemplation. The testator used the word heirs, as... |
|
Cases |
|
| Morgan's Adm'r v. Woorhies |
3 Mart.(o.s.) 462, Supreme Court of Louisiana (October 01, 1814) |
1814 |
In this case the defendant, now the appellee, sheriff ?? the parish of St. Landry, received a writ of fieri facias to be executed against certain persons therein named, at the suit of the plaintiff, now the appellant. On the delivery of the writ, he was directed by the attorney for the plaintiff to seize personal property in the first instance, if... |
|
Cases |
|
| O'Connor v. Barre |
3 Mart.(o.s.) 446, Supreme Court of Louisiana (September 01, 1814) |
1814 |
On the 6th of January, 1764, Jacques Courtableau obtained a requête from the commandant of the Parish of Opelousas for a tract of land of one hundred arpents of front, with the depth of eighty on one side of the Opelousas river, and twenty arpents of front, with the depth of forty on the other side, and the 21st of -, 1765, a concession issued... |
|
Cases |
|
| Parker v. Carter |
4 Munf. 273, Supreme Court of Appeals of Virginia (November 28, 1814) |
1814 |
1. It is a settled rule of law, that counsel and attornies ought not to be permitted to give evidence of facts imparted to them by their clients, when acting in their professional character. And this restriction is not confined to facts disclosed in relation to suits actually pending, but extends to all cases in which the counsel or attorney is... |
|
Cases |
|
| Pearson v. Fisher |
4 N.C. 72, Supreme Court of North Carolina (January 01, 1814) |
1814 |
The verdict of a jury summoned by a sheriff to find whether goods belong to the defendant in an execution, cannot bind the rights of the litigating parties, and can only have the effect to satisfy himself on the question of property; to govern his discretion in the exercise of his office; to excuse him for returning nulla bona, and to... |
|
Cases |
|
| Prather v. Beeler |
3 Bibb 375, Court of Appeals of Kentucky (July 09, 1814) |
1814 |
THIS is an appeal from a judgment of the Jefferson Circuit Court rendered against the appellant in an action brought by him as assignee of a sheriff, on a bond given by the appellees for keeping the prison bounds. A sheriff may after he has committed to the jailer a prisoner arrested under a ca. sa. take from him a bond for the prison rules,... |
|
Cases |
|
| Raper's Heirs v. Yocum |
3 Mart.(o.s.) 424, Supreme Court of Louisiana (September 01, 1814) |
1814 |
The following statement of facts was sent up by the district judge. Blaize Lejeune was produced as a witness for the plaintiffs, and being sworn, deposed, that in July last, being in want of money, he applied to the defendant to borrow: the defendant answered him that he had none, but that probably Raper had, as he had sold him a mulatto boy, which... |
|
Cases |
|
| Read v. Commonwealth |
3 Bibb 484, Court of Appeals of Kentucky (October 24, 1814) |
1814 |
THIS writ of error is brought to reverse a judgment of the Nelson Circuit Court awarded against the plaintiff in error on a presentment for not keeping a road in repair of which he was surveyor. Crimes of commission, time must be alleged, but not for omission. In a presentment against a surveyor of a road for not keeping it in repair, to charge... |
|
Cases |
|
| Reagan v. Kitchen |
3 Mart.(o.s.) 418, Supreme Court of Louisiana (August 01, 1814) |
1814 |
This suit was instituted by Reagan, in the court below, on a bond given to the sheriff of the parish of Concordia, by R. Williams and the appellant, in the penalty of $500, with a condition that Williams should abide the judgment which might be rendered against him in the Parish Court, in a suit by attachment there pending against him, or that he... |
|
Cases |
|
| Roane's Adm'r v. Vidal |
4 Munf. 187, Supreme Court of Appeals of Virginia (January 29, 1814) |
1814 |
1. A Court of Equity ought not to give its aid to a plaintiff claiming under a deed of gift from a person who made a previous transfer of the same property to another for the purpose of defrauding creditors; the object of the bill being to enforce a secret trust between such transferor and transferee. This was a suit, in the Superior Court of... |
|
Cases |
|
| Rowland v. Sullivan |
4 Des. 518, Court of Appeals of Equity of South Carolina (June 01, 1814) |
1814 |
The court will not set aside voluntary deeds to some members of the family of the donor, to the exclusion of others, on the allegation of undue influence exercised over great feebleness and imbecility, unless those allegations be made out fully and clearly by proof. Inequality in the division of a man's property among his children, is not a ground... |
|
Cases |
|
| Saxon v. Barksdale |
4 Des. 522, Court of Appeals of Equity of South Carolina (June 01, 1814) |
1814 |
Demurrer overruled by the answer. An executor has no right to sell a specific legacy, unless the debts of the testator require it; and least of all to pay his own debts. The statute of this state makes it necessary for executors to apply to the Court of Ordinary to sell personal estate. An executor having an interest in part of the legacy, does not... |
|
Cases |
|
| Schwartz v. Insurance Co. of North America |
6 Binn. 378, Supreme Court of Pennsylvania (July 25, 1814) |
1814 |
If the general agent of ship and cargo, covers enemy property on board, the warranty of neutrality in a policy on the ship, is violated. THIS action was brought by I. F. Schwartz and A. I. Schwartz who survived William M'Fadon, on a policy of insurance for 20,000 dollars made the 19th January 1807, on the ship Margaret valued at 25,000 dollars, at... |
|
Cases |
|
| Scott v. Hardaway |
4 Munf. 263, Supreme Court of Appeals of Virginia (November 12, 1814) |
1814 |
1. One inspector of tobacco, being injured by the misconduct of the other, may bring suit upon the official bond of such delinquent, against him and his securities. 2. One inspector embezzled a quantity of transfer tobacco, without the knowledge of the other, who, supposing it to be in the warehouse, sold it, as directed by the 24th section of the... |
|
Cases |
|
| Sennet v. Sennet's Legatees |
3 Mart.(o.s.) 411, Supreme Court of Louisiana (August 01, 1814) |
1814 |
In this case, it is admitted, that J. B. Sennet, about whose inheritance the present contest arises, did bequeath to his natural children all his property, although he had three legitimate brothers and a niece living at the time of his death. By the laws of our state, a person, who leaves no legitimate descendants or ascendants, has, indeed, a... |
|
Cases |
|
| Smith v. Craig's Lessee |
2 Tenn. 287, Supreme Court of Errors and Appeals of Tennessee (August 01, 1814) |
1814 |
This was an action of ejectment. On the trial it appeared that the grant under which Smith and others claimed was elder than that under which the lessee of Craig claimed. Craig introduced his entry with a view to overreach the grant of his adversary. After this entry was read, and the parol testimony to support it heard, the Court were asked to... |
|
Cases |
|
| Smith v. Townes' Adm'r |
4 Munf. 191, Supreme Court of Appeals of Virginia (February 08, 1814) |
1814 |
1. A specific article of personal property may be bequeathed, tho'?? not in the testator's possession at the date of his will, or at the time of his death; so that upon the assent of the executor, the legatee may sue for it in his own name. 2. The plaintiff in detinue may adduce evidence of parole acknowledgments, by the defendant, or by the person... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Taylor v. Cole |
4 Munf. 351, Supreme Court of Appeals of Virginia (January 01, 1814) |
1814 |
1. If a mortgagee, in consequence of assurances that he shall receive his money from another quarter, permit the mortgagor to sell the premises, the purchaser will be protected; notwithstanding the fund, from which the mortgagee expected payment, proves delusory. 2. Under what circumstances the mortgagee will be considered as impliedly permitting... |
|
Cases |
|
| U.S. v. Minifie |
2 Cranch C.C. 109, Circuit Court, District of Columbia (December 01, 1814) |
1814 |
Indictment, for larceny, against [Christopher Minifie] a white man. |
|
Cases |
|
| Upshaw's Heirs v. Sthreshly |
3 Bibb 444, Court of Appeals of Kentucky (October 11, 1814) |
1814 |
STHRESHLY and wife exhibited their bill to recover a proportion as a legatee of certain property under the will of John Upshaw, the father of Mrs. Sthreshly. The testator devises a part of his property to certain of his children declaring that Lucy and Sarah have received their portions; he then devises a contingent interest to the legatees and... |
|
Cases |
|
| White v. Meloy |
1 Tread. 467, Constitutional Court of Appeals of South Carolina (November 01, 1814) |
1814 |
In each of the clauses in the county court act, (and no other act has ever yet authorised a justice of the peace to issue an attachment,) no character is used but creditor and debtor. The creditor may go before a justice, and make oath that his debtor, &c. This can never be construed to mean that a tortious act shall be converted into a debt. It... |
|
Cases |
|
| Allen v. Cockerill |
4 Bibb 264, Court of Appeals of Kentucky (December 06, 1815) |
1815 |
THIS writ of error is prosecuted to a judgment recovered in the Court below, by the defendant in error, in an action of assumpsit, brought by him in that Court against the present plaintiff. The declaration contains three counts, and the trial was had on the general issue; and the main question presented for the determination of this Court, is... |
|
Cases |
|
| Barry v. Deloach |
2 Tenn. 395, Supreme Court of Errors and Appeals of Tennessee (June 01, 1815) |
1815 |
The complainant states that William Gillispie and himself made a purchase of John Deloach of 400 acres of land, part of Ephraim Payton's pre-emption, upon which they entered into articles of agreement in August, 1799, in which it was agreed that, after the expiration of twenty days, twelve hundred dollars should be paid, and twelve hundred dollars... |
|
Cases |
|
| Bond v. Ross |
1 Brock 316, Circuit Court, D Virginia (November 01, 1815) |
1815 |
In equity. On the 6th day of June, 1804, Phineas Bond, as attorney for the creditors of Ezekiel Edwards, a British subject, obtained a decree in this court, for the sum of $180,884 70, against David Ross, payable in installments, viz.: $10,000, payable on the first day of October following, $10,000 on the first day of January, 1805, and $16,666 66,... |
|
Cases |
|
| Bourcier v. Lanusse |
3 Mart.(o.s.) 661, Supreme Court of Louisiana (June 01, 1815) |
1815 |
[For prior opinion, see 3 Mart. (O. S. 581.] |
|
Cases |
|
| Bristoe v. Evans |
2 Tenn. 341, Supreme Court of Errors and Appeals of Tennessee (May 01, 1815) |
1815 |
The rejection of a copy of a registered release as evidence by the court below, not having been excepted to at the time, can not be assigned as error in the Supreme Court. A grant from the State is a contract between the State and grantee, and any subsequent act of the legislature which impairs the rights thus acquired is unconstitutional. [Acc. 6... |
|
Cases |
|
| Broussart v. Trahan's Heirs |
3 Mart.(o.s.) 725, Supreme Court of Louisiana (September 01, 1815) |
1815 |
[For prior opinions, see Broussart v. Trahan, 2 Mart. (O. S.) 133;Same v. Trahan's Heirs, 3 Mart. (O. S.) 714.] The district judge having, in pursuance with the order of this Court, transmitted the bill of exceptions, a motion was made on the part of the defendants to remand the cause. |
|
Cases |
|
| Bullock v. Gordon |
4 Munf. 450, Supreme Court of Appeals of Virginia (October 24, 1815) |
1815 |
The court is of opinion, that, instead of the decree rendered by the chancellor in this case, he ought to have directed an issue to have tried what was the amount of the consideration which passed from the said Hannah Bullock to James Bailey, for the land in question; and whether there was any secret agreement, or understanding, between the said... |
|
Cases |
|
| Bullock v. Tinnen |
4 N.C. 251, Supreme Court of North Carolina (July 01, 1815) |
1815 |
Whatever wishes the circumstances of this case may be fitted to inspire, the court are not apprised of any authority or principle of law, by which the transaction between Bullock and his daughter-in-law can be supported. The delivery of possession has ever been deemed necessary to complete the gift of chattels, except they are granted by deed, or... |
|
Cases |
|
| Concklin v. Havens |
12 Johns. 314 (January 01, 1815) |
1815 |
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 |
|
| Cook v. Husted |
12 Johns. 188 (January 01, 1815) |
1815 |
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 |
|
| Dowd v. Montgomery |
4 N.C. 198, Supreme Court of North Carolina (January 01, 1815) |
1815 |
The question which presents itself on this demurrer, is, whether the limitation in the deed to the children of John Carraway the younger, can be sustained? And this leads us to enquire, what were the nature of the estates John the younger and his children severally were to take under the limitations in this deed? As to the estate given to John, it... |
|
Cases |
|
| Dunbar v. Mitchell |
12 Mass. 373, Supreme Judicial Court of Massachusetts (July 01, 1815) |
1815 |
The defence set up in this case is wholly inadmissible. The title of the demandant is denied by the plea; and yet it is agreed in the case, that she is the lawful heir of James, who died seized of the land. The only claim shown by the tenant is an authority under certain resolves of the legislature, appointing him guardian over the Indians residing... |
|
Cases |
|
| Fales v. Mayberry |
2 Gall. 560, Circuit Court, D Rhode Island (November 01, 1815) |
1815 |
Assumpsit to recover a balance of account due from the defendant, as agent and factor of the plaintiffs [Fales and Athearn]. The declaration contained the money counts, and several special counts; in some of which the promise was alleged to be to the plaintiffs, and, in others, to the plaintiffs as trustees of Benjamin Homer. The action was brought... |
|
Cases |
|
| Floyd v. Breckenridge |
4 Bibb 14, Court of Appeals of Kentucky (April 12, 1815) |
1815 |
ALEXANDER BRECKENRIDGE, being possessed of a large real and personal estate, by this last will and testament, bearing date the 16th of May, 1797, made the following devise, to-wit: I give to my beloved wife Jenny Breckenridge, to her and her heirs forever, all my estate, real and personal, except such as will hereafter be disposed of, which is to... |
|
Cases |
|
| Fowler v. Lee |
4 Munf. 373, Supreme Court of Appeals of Virginia (March 18, 1815) |
1815 |
The court is of opinion, that the instruction of the Superior Court, in the first bill of exceptions, overruling the objections of the plaintiff's counsel, that the bill of sale from John Webber and wife to the defendant had not been recorded, was correct and proper. The court is further of opinion, that the statement of facts in the second bill of... |
|
Cases |
|
| Fox v. Hills |
1 Conn. 295, Supreme Court of Errors of Connecticut (June 01, 1815) |
1815 |
THIS was an action of ejectment. The cause was tried at Hartford, September term, 1814, before Swift, Brainard and Baldwin, Js. On the trial, the plaintiff claimed title to the land in question by virtue of the levy of two executions issued on judgments recovered by the plaintiff against the defendant, in actions of trespass vi et armis. The... |
|
Cases |
|
| Gettings v. Burch's Adm'x |
9 Cranch 372, Supreme Court of the United States (February 22, 1815) |
1815 |
Absent. TODD, J. THIS was an appeal from the sentence of the Circuit Court for the district of Columbia, affirming that of the Orphan's Court for the county of Washington. On the 13th of February, 1813, the Appellee, Jane Burch, filed in the Orphan's Court a petition or libel setting forth that by an order of that Court on the 11th of June, 1805,... |
|
Cases |
|