| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Burton v. Scott |
3 Rand. 399, Supreme Court of Appeals of Virginia (June 16, 1825) |
1825 |
The rules of evidence, which govern questions of insanity. The declarations of one interested in a matter in controversy, and operating against his own interest, may be given in evidence; but if his interest arose after the declarations, they cannot be received as evidence. This was an appeal from the Superior Court of Law for the county of... |
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| Byrd v. Byrd |
2 Brock 179, Circuit Court, D Virginia (May 01, 1825) |
1825 |
In pursuance of the interlocutory decree, recited in the last case, the commissioner to whom the accounts were referred, made his report in May, 1825, showing the amount of debts paid by the executrix of William Byrd, out of the personal fund for which the estate was bound. The commissioner's account contained two parallel columns, one showing the... |
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Cases |
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| Campbell v. Williams |
3 T.B.Mon. 122, Court of Appeals of Kentucky (November 23, 1825) |
1825 |
Campbell, who was one of the executors named in the will of Turner Morris, deceased, after the death of Morris, was appointed by the county court of Jessamine, guardian to John Morris, the infant son of the testator. Campbell appointed executor of Morris and guardian of his infant son. Campbell continued to act in the capacity of guardian for... |
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Cases |
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| Clay v. Oldham |
3 Mart.(n.s.) 276, Supreme Court of Louisiana (January 01, 1825) |
1825 |
Appeal from the court of the first district |
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Cases |
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| Cocke v. Harrison |
3 Rand. 494, Supreme Court of Appeals of Virginia (October 25, 1825) |
1825 |
This is a suit in Chancery, instituted by the appellees, as distributees of John Bland, whose estate had been committed, in 1797, to Edmund Ruffin, then sheriff of Prince George county, no one claiming to be administrator thereof. It appears from the bill, answer, exhibits, and the accounts taken in the cause, that John Marks, the deputy of Ruffin,... |
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Cases |
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| Dismukes v. Terry |
Walker 197, Supreme Court of Mississippi (December 01, 1825) |
1825 |
A court of chancery will grant relief in cases of mistake, as well as fraud, and this, as well in aid of a complainant, as of a defendant in chancery. A resulting trust may be proved by parol, in opposition to the deed, and to the answer denying the trust. A party endeavoring to perpetrate a fraud, cannot succeed in a court of equity, against a... |
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Cases |
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| Dreux v. Dreux's Syndics |
3 Mart.(n.s.) 239, Supreme Court of Louisiana (January 01, 1825) |
1825 |
Appeal from the court of the first district |
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Cases |
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| Foscue v. Foscue |
3 Hawks 538, Supreme Court of North Carolina (June 01, 1825) |
1825 |
This case, I think, falls within the principle on which the case of Graham v. Graham was decided in this Court. (2 Hawks 322.) From the words of the deed, the title of the property in question was not to vest in the donee until after the death of the donor; a life estate is reserved to the father; after his death a limitation of it is made to the... |
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Cases |
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| Fougard v. Tourregaud |
3 Mart.(n.s.) 464, Supreme Court of Louisiana (March 01, 1825) |
1825 |
Appeal from the parish court of the parish and city of New-Orleans. |
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Cases |
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| Garnett v. Macon |
2 Brock 185, Circuit Court, ED Virginia (November 01, 1825) |
1825 |
William Garnett, as executor of Richard Brooke, exhibited his bill in the superior court of chancery, for the Richmond district of Virginia, against William H. Macon, John Campbell, an absent defendant, and others, setting forth, that the said Richard Brooke, devisee of George Brooke, empowered his executors to sell his real estate; and that the... |
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Cases |
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| Goodrich v. Harding |
3 Rand. 280, Supreme Court of Appeals of Virginia (March 07, 1825) |
1825 |
What words in a will create an estate tail? The words temporal goods may be borrowed from the preamble of a will and coupled with a devising clause, to enlarge a life-estate into a fee simple. March 7. The Judges delivered their opinions. On the 5th day of May, 1 801, Richard Goodrich, made his will, and died not long after. After giving his soul... |
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| Gray v. Court of Magistrates and Freeholders |
3 McCord 175, Court of Appeals of Law and Equity of South Carolina (February 01, 1825) |
1825 |
Granting or denying a writ of prohibition, is in a great measure discretionary with the court. But it is the duty of the superior courts of law to confine all subordinate jurisdictions to their proper bounds; and the question of jurisdiction is to be determined by the superior and not the inferior court. Generally a prohibition may be awarded, as... |
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Cases |
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| Guirot v. Guirot's Syndics |
3 Mart.(n.s.) 400, Supreme Court of Louisiana (February 01, 1825) |
1825 |
Appeal from the court of the first district. |
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Cases |
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| Gurlie v. Coquet |
3 Mart.(n.s.) 498, Supreme Court of Louisiana (April 01, 1825) |
1825 |
Appeal from the court of the first district. |
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Cases |
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| Hale v. Schults |
3 McCord 218, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) |
1825 |
A sheriff may assign a bond given to him as sheriff, for property bought under an attachment sale; and the assignee may bring the action in his own name, as assignee. Wherever a bond is drawn to one and his assigns, by the law of the contract it is assignable. Though the idorsement was in blank and filled up, after suit was brought, it is good. |
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| Haslett's Adm'r v. Glenn |
7 H. & J. 17, Court of Appeals of Maryland (December 01, 1825) |
1825 |
At this term the opinion of the court was delivered by The following is a full statement of the facts of this case. On the 25th of April 1814, Doctor William W. Haslett, late of Baltimore, made his will, and died a few days after. A little previous thereto, he had purchased a plantation of John Heslip, and obtained a conveyance of it from him to... |
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Cases |
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| Hayne v. Deliesseline |
3 McCord 374, Court of Appeals of Law and Equity of South Carolina (November 01, 1825) |
1825 |
A bond held by an inhabitant of the city of Charleston is subject to taxation, though the obligor resides out of Charleston. |
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| Helme v. Sanders |
3 Hawks 563, Supreme Court of North Carolina (June 01, 1825) |
1825 |
I think an executor ought to use the same diligence in collecting the debts of his testator, as he would use in collecting his own, provided he is a man commonly careful and diligent in the management of his own affairs, and this without regard to the consideration whether the debtor lives in one state or another. All the personal estate of the... |
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Cases |
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| Hunter v. Hunter |
Walker 194, Supreme Court of Mississippi (December 01, 1825) |
1825 |
An equity of redemption is subject to sale, on an execution upon judgment in this State. The interest of the mortgage is not the subject of sale upon an execution issuing upon a judgment in this State. |
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Cases |
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| Ingrem v. Ingrem |
3 Mart.(n.s.) 369, Supreme Court of Louisiana (February 01, 1825) |
1825 |
Appeal from the court of the third district. |
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Cases |
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| Inhabitants of Wiscasset v. Inhabitants of Waldoborough |
3 Greenl. 388, Supreme Judicial Court of Maine (May 01, 1825) |
1825 |
Where a son, having received a conveyance of all his father's property, gave a bond to the town, conditioned to support him and another son during life; this was held not to be supplies or support indirectly received from some town as a pauper, so as to prevent the father, and with him the other son, from gaining a settlement by... |
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Cases |
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| James v. Com. |
Supreme Court of Pennsylvania (January 03, 1825) |
1825 |
The judgment was, that the defendant be placed in a ducking or cucking-stool, and be plunged three times in the water. This sentence, we are informed, has created much ferment and excitement in the public mind; it is considered as a cruel, unusual, unnatural and ludicrous judgment; but whatever prejudices may exist against it, still,... |
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Cases |
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| Jameson v. Porter |
2 T.B.Mon. 71, Court of Appeals of Kentucky (June 04, 1825) |
1825 |
Execution, Mortgages, Statutes, Injunction. ERROR TO THE MONTGOMERY CIRCUIT; SILAS W. ROBBINS, JUDGE. On the 31st of May, 1821, Hackley Jameson and James Jameson, exhibited their bill against John R. Porter, Daniel P. Moseley, Paul Durrett and Henry Daniel, in which they allege that the defendant, Porter, had borrowed $300 from the complainant,... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Jarvis v. Wyatt |
4 Hawks 227, Supreme Court of North Carolina (December 01, 1825) |
1825 |
That the testator intended John Wyatt and his wife to have no more than the enjoyment of the subject devised, during their lives and that of the longest liver, seems evident from the terms he uses in the will. He lends the use and occupation of the plantation to them during their natural lives, and to the longest liver, and he leaves them the... |
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| Johnson v. Johnson |
3 Hawks 556, Supreme Court of North Carolina (June 01, 1825) |
1825 |
It is very evident that the testator's having said that the defendant should never pay any part of the note was not obligatory on him, unless it was founded on a consideration yielding a benefit to him, or attended with trouble or prejudice to the defendant. The motives inducing him to make this declaration are of different characters, and should... |
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| Jordan's Adm'x v. Williams |
3 Rand. 501, Supreme Court of Appeals of Virginia (October 25, 1825) |
1825 |
No person can injoin a judgment at law, to which he is not a party; but if he is aggrieved, he should pray an injunction to the execution. On a distringas fi. fa. the sheriff cannot distrain the very property for which the execution issued; nor can he seize and sell it to pay the damages mentioned in the execution. This was an appeal from the... |
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| Kegler v. Miles |
8 Tenn. 426, Supreme Court of Errors and Appeals of Tennessee (January 01, 1825) |
1825 |
The possession of personal property for the length of time required to bar the action of the owner for its recovery, vests the right of property in the possessor. (Acc. 4 Y., 175, 508; 5 Y., 12; 7 Y., 234; 8 Y., 392, 430; 10 Y., 118, 475; 1 Hum., 47; 9 Hum., 702; 2 Sn., 31; all citing this case.) [Cited in: 5 Yer., 13; 1 Bax., 117, 119; 9 Bax., 97;... |
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Cases |
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| Key's Ex'r v. Parnham |
6 H. & J. 418, Court of Appeals of Maryland (June 01, 1825) |
1825 |
After stating the facts, and the opinion of the court below, he proceeded: To this opinion of the court the defendant excepted; and, it appears to this court, not without cause. Let it for the moment be admitted, that matter de hors the written instrument itself may be resorted to in explanation of the meaning of the agreement of the 9th of... |
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Cases |
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| Labarre v. Lambert |
3 Mart.(n.s.) 300, Supreme Court of Louisiana (January 01, 1825) |
1825 |
Appeal from the court of the first district. |
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Cases |
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| Lafon's Heirs v. His Executors |
3 Mart.(n.s.) 707, Supreme Court of Louisiana (June 01, 1825) |
1825 |
Appeal from the court of probates of the parish and city of New-Orleans. |
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Cases |
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| Lawson v. Scott |
9 Tenn. 92, Supreme Court of Errors and Appeals of Tennessee (August 01, 1825) |
1825 |
In March, 1821, the wife of Lawson was delivered of an illegitimate child, she being then a single woman. She charged James Scott with being the father of the child; and afterwards intermarried with the plaintiff in error, John Lawson. At the October term of the county court for 1824, James Scott filed his petition, and prayed that the child might... |
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Cases |
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| Lewis v. Petayvin |
4 Mart.(n.s.) 4, Supreme Court of Louisiana (June 01, 1825) |
1825 |
Appeal from the court of the second district. |
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Cases |
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| Matlock v. Gray |
4 Hawks 1, Supreme Court of North Carolina (December 01, 1825) |
1825 |
When a sheriff levies, and advertises for sale, but in consequence of the payment of the debt to the plaintiff by the defendant in execution, does not actually sell, he is nevertheless entitled to his commissions on the whole debt, under the act of 1784. When the plaintiffs in execution are administrators, who after levy by the sheriff suspend the... |
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Cases |
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| Maverick v. Gibbs |
3 McCord 315, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) |
1825 |
To an action on a contract containing mutual covenants, the defendant to take advantage of any breaches on the part of the plaintiff, by way of discount, must specify the breaches particularly in his notice of discount. |
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Cases |
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| Maverick v. Lewis & Gibbs |
3 McCord 211, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) |
1825 |
Neither the plea of nil habuit in tenementis, nil demisit, nor rien passa, can be pleaded to covenant for rent on an indenture, for it operates as an estoppel. But the estoppel only exists during the continuance of the occupation of the tenant; and if he be ousted by a paramount title he may plead it. An outstanding title, alone, will not discharge... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Mayner v. Rollins |
3 Mart.(n.s.) 618, Supreme Court of Louisiana (May 01, 1825) |
1825 |
Appeal from the court of the first district. |
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Cases |
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| McClure's Ex'rs v. Miller |
4 Hawks 133, Supreme Court of North Carolina (December 01, 1825) |
1825 |
This case depends upon the construction of the act of 1805, ch. 679.; the words of which, so far as they relate to this case, are, that no action on the case for damage done to personal property, shall abate by the death of either plaintiff or defendant. This is an action on the case, brought by a father for the seduction of his daughter, and the... |
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Cases |
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| McKinster v. Garrott |
3 Rand. 554, Supreme Court of Appeals of Virginia (December 01, 1825) |
1825 |
No formal issue need be joined on a motion on a forthcoming bond, as the pleadings may be ore tenus, and the Court may pronounce judgment on the evidence. Where, on the day of sale mentioned in the forthcoming bond, the property is on the spot before 1 o'clock, but not delivered to the sheriff until after 4 o'clock, this will not be a good delivery... |
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Cases |
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| Micheau v. Crawford |
8 N.J.L. 90, Supreme Court of Judicature of New Jersey (January 01, 1825) |
1825 |
1. Words in a will whereby an estate for life with concurrent contingent remainders were created. 2. It is only when a reasonable construction and the discovery of the intent of the testator are utterly hopeless, that all effect should be denied to a will. 3. A power of disposal among children not properly executed by giving all to one, nor by... |
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Cases |
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| Moosa v. Allain |
4 Mart.(n.s.) 99, Supreme Court of Louisiana (December 01, 1825) |
1825 |
Appeal from the court of the fourth district. |
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Cases |
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| Morgan v. Mitchell |
3 Mart.(n.s.) 576, Supreme Court of Louisiana (May 01, 1825) |
1825 |
Appeal from the court of the fourth district. |
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Cases |
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| Ohors v. Hill |
3 McCord 338, Court of Appeals of Law and Equity of South Carolina (November 01, 1825) |
1825 |
Books of accounts are not liable to Domestic attachments, so as to create a lien on the debts due the absconding debtor, as in foreign attachments. |
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Cases |
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| Oldham v. Croghan |
3 Mart.(n.s.) 517, Supreme Court of Louisiana (April 01, 1825) |
1825 |
Appeal from the court of the first district. |
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Cases |
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| Pilie v. Dreux's Syndics |
4 Mart.(n.s.) 75, Supreme Court of Louisiana (July 01, 1825) |
1825 |
Appeal from the court of the first district. |
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Cases |
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| Pratt v. Weyman |
1 McCord Eq. 156, Court of Appeals of Law and Equity of South Carolina (November 01, 1825) |
1825 |
Where there has been fraud the court of equity will open and examine accounts after any length of time, even though the person committing the fraud be dead. The court is not disposed to unravel old accounts, though settled on erroneous principles, but never hesitate to do so if the error is apparent. The court will not open a settled account where... |
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| Randolph's Adm'x v. Randolph |
3 Rand. 490, Supreme Court of Appeals of Virginia (October 24, 1825) |
1825 |
On the second day of April, 1808, the executors of Cary, obtained a judgment and award of execution against Brett Randolph principal, and William Bentley his surety, upon a forthcoming bond given for property, taken by virtue of an execution issued against Brett Randolph, on a judgment obtained against him on a bond, which he had executed with... |
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Cases |
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| Redford v. Winston |
3 Rand. 148, Supreme Court of Appeals of Virginia (February 10, 1825) |
1825 |
Where an attachment is issued against the estate of a tenant, for rent to become due at a future day, on the oath of the landlord that he has sufficient grounds to suspect that his tenant will remove his effects out of the county or corporation, before the expiration of his term, &c. it is not competent for the tenant, on the return of the... |
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Cases |
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| Rhodes v. Bunch |
3 McCord 66, Court of Appeals of Law and Equity of South Carolina (February 01, 1825) |
1825 |
In an action of trespass quare clausum fregit, the plaintiff must recover either upon his possession or his title. Facts and circumstances, may be given in evidence, by way of mitigation, which were the inducements to a transaction; even though they may happen to involve character. So in trespass clausum fregit, in mitigation, defendant may prove... |
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Cases |
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| Richards v. Nolan |
3 Mart.(n.s.) 336, Supreme Court of Louisiana (February 01, 1825) |
1825 |
Appeal from the court of the third district |
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Cases |
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| Ritchie v. Wilson |
3 Mart.(n.s.) 585, Supreme Court of Louisiana (May 01, 1825) |
1825 |
Appeal from the court of the fourth district. |
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Cases |
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