TitleCitationYearSummaryMost RelevantTypeStatus
Salisbury v. Black's Adm'r 6 H. & J. 293, Court of Appeals of Maryland (June 01, 1825) 1825 It has been contended in this case, that the statute of limitations is a bar to a recovery in this action. This question depends upon the ascertainment of the time when the cause of action accrued. The appellants allege that it accrued at the period assigned by law for the passage of a final account in the orphans court. Such a determination would...   Cases  
Saulet v. Dreux's Syndics 3 Mart.(n.s.) 615, Supreme Court of Louisiana (May 01, 1825) 1825 Appeal from the court of the first district.   Cases  
Selby v. Magruder 6 H. & J. 454, Court of Appeals of Maryland (June 01, 1825) 1825 U. B. obtains a judgment against M, in 1817. In 1819, B C also obtains a judgment against M, and issues a fi. fa returnable in 1820, and on the day of issuing it, places it in the hands of the sheriff. On the return day the sheriff returns the fi. fa laid as per schedule annexed, for a certain amount-- residue of defendant's property secreted. In...   Cases  
Skipwith v. Gray 3 Mart.(n.s.) 655, Supreme Court of Louisiana (June 01, 1825) 1825 Appeal from the court of the third district.   Cases  
Smith v. Campbell 3 Hawks 590, Supreme Court of North Carolina (June 01, 1825) 1825 The acts enlarging the jurisdiction of Justices of the Peace, do not violate the 4th article of the Bill of Rights. THIS was a suit originally commenced by warrant on a note for twenty-five dollars, and the only question presented on the appeal of the defendant, was on the constitutionality of acts of the General Assembly which give to a single...   Cases  
South's Heirs v. Hoy's Heirs 3 T.B.Mon. 88, Court of Appeals of Kentucky (November 21, 1825) 1825 Some time early in the spring of 1790, William Hoy, having previously made his last will and testament, departed this life. The will was afterwards proved and admitted to record in the county court of Madison county, and John South, Rowland Hoy and Richard Tunstall, the executors named therein, took upon themselves the execution of the will, by...   Cases  
Speer ads. Coate 3 McCord 227, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) 1825 The declarations of deceased persons, who shall appear to have been in a situation to posses the information, and not interested, are admissible, on questions of boundaries; as the declarations of surveyors, chain carriers &c. But if the declarations are made post litem motam they are inadmissible, unless they are the repetition of the same...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Spiers v. Clay's Adm'rs 4 Hawks 22, Supreme Court of North Carolina (December 01, 1825) 1825 The affirmance of this judgment is of course under the case of Brockett v. Foscue, and the other adjudications of this Court to the same effect. JUDGMENT AFFIRMED.   Cases  
Spraggins v. White 3 Mart.(n.s.) 661, Supreme Court of Louisiana (June 01, 1825) 1825 Appeal from the court of probates of the parish and city of New-Orleans.   Cases  
State v. Holman 3 McCord 306, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) 1825 Under the act of 1822, rendering it indictable for knowingly and wilfully packing or putting into any bags, bale or bales of cotton, any stone, wood, trash-cotton, cotton seed, or any matter or thing whatsoever &c. a person may be convicted for fraudulently packing, putting and pouring a large and undue quantity of water into bales of...   Cases  
State v. Thompson 3 Hawks 613, Supreme Court of North Carolina (June 01, 1825) 1825 It seems, from the authorities cited, that the Attorney General has a discretionary power to enter a nolle prosequi, for the proper exercise of which he is responsible. We know of no case where the Court has interfered with the exercise of this power, though they certainly would do so if it were oppressively used. As to the directing another capias...   Cases  
State v. Yeates 4 Hawks 187, Supreme Court of North Carolina (December 01, 1825) 1825 This case calls upon the Court, for the second time, for a construction of the act of 1816, ch. 918. which abolishes the punishment of burning in the hand in clergiable felonies. The nature of this appeal has rendered it indispensable that the former opinion should be carefully reviewed and reconsidered; and I have done so, under a perfect...   Cases  
Stegall v. Stegall 2 Brock 256 (June 22, 1825) 1825 In equity.   Cases  
Stowe v. Ward 3 Hawks 604, Supreme Court of North Carolina (June 01, 1825) 1825 On a recent case in Chancery, a question arose upon a bequest of one fourth to the children of A, and one other fourth to or among the children of B, whether it should be divided per capita or per stirpes, and it was decided that the distribution should be per capita. Linch v. Pelham, (10 Vesey 167.) I beg leave to cite part of the chancellor's...   Cases  
Stryker v. Beekman 8 N.J.L. 209, Supreme Court of Judicature of New Jersey (November 01, 1825) 1825 This case comes before us on a state of the facts agreed upon by the parties. Abraham T. Skillman having become embarrassed in his affairs, assigned and delivered on the 30th of October, 1821, to James Stryker, the plaintiff, all his property for the benefit of his creditors, to be void unless acceded to by all his creditors, and in force on...   Cases  
Surlott v. Beddow 3 T.B.Mon. 109, Court of Appeals of Kentucky (November 16, 1825) 1825 Frauds against Creditors. Statutes. Pleading. Error. ERROR TO THE GARRARD CIRCUIT; JOHN L. BRIDGES, JUDGE. This was an action of assumpsit, brought in the circuit court by Surlott. The declaration contains two counts, each of which is for money paid, laid out and advanced, by Surlott, for the use of Beddow, and at his special instance and request....   Cases  
Taveau v. Ball 1 McCord Eq. 7, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) 1825 A devise to and amongst all my sons, born or to be born,the division not to take place until the youngest of my said sons shall attain the age of 21, vests the estate in those living at the death of the testator, and does not postpone the vesting till the youngest becomes 21. The additional words, to be...   Cases  
The Marianna Flora 24 U.S. 1, Supreme Court of the United States (March 20, 1825) 1825 In Admiralty proceedings, amendments are made in the appellate Court, not only as to form, but as to matter of substance, as by the filing a new count to the libel; the parties being permitted, whenever public justice, and the substantial merits require it, to introduce new allegations and new proofs; non allegata allegare, et non probata probare....   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
The Plattsburgh 23 U.S. 133, Supreme Court of the United States (March 18, 1825) 1825 APPEAL from the Circuit Court for the Southern District of New-York. This was a seizure of the schooner Plattsburgh, otherwise called the Maria Gertrudes, on the Coast of Africa, made by the United States ship of war, the Cyane, in the year 1820. The vessel was brought into the port of New-York for adjudication, and a libel of information was filed...   Cases  
Thomas v. Com. 2 Va.Cas. 479, General Court of Virginia (June 01, 1825) 1825 This Case differs from that of M'Caul, in this important particular, that here, in every instance where the juror separated from his fellows, he was attended by the Sheriff; whereas in M'Caul's Case there was no such attendance. The Court cannot, therefore, consider that the rule established in that Case, that the separation of one juror from the...   Cases  
Thompson v. Jackson 3 Rand. 504, Supreme Court of Appeals of Virginia (October 28, 1825) 1825 Lucy White, residing in the county of Louisa, directed by will, that her executor Jackson, should sell her land, lying in Hanover; and divide the money in certain portions, among certain legatees. The executor, wholly unacquainted with the land, employed Street to survey it. He did so, and made out a plat, shewing a tract of 278 acres. By this...   Cases  
Todd v. State 1 Mo. 566, Supreme Court of Missouri (November 01, 1825) 1825 On motion of the Circuit Attorney, a sci. fa. was awarded against Abraham McKinney, David Todd, and John Means, to show cause why a recognizance should not be forfeited, &c. The facts are, that on the 6th Dec., 1820, the plaintiffs in error, together with McKinney, entered into a recognizance, before one of the then Judges of the Supreme Court, for...   Cases  
Turnbull v. Rivers 3 McCord 131, Court of Appeals of Law and Equity of South Carolina (February 01, 1825) 1825 In order to presume a grant of a way, uninterrupted use for at least twenty years is necessary, and the identity of the road must be established, and an acquiescence shewn on the part of the owner of the land. The necessity from which a person derives a right of way, is when one person sells to another lands inclosed on all sides by his other...   Cases  
Vestry and Wardens of St. Bartholomews v. Cantey 3 McCord 317, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) 1825 The statute of limitations will bar the vestry and wardens of a church, as well as any other persons.   Cases  
Villars v. Morgan 3 Mart.(n.s.) 529, Supreme Court of Louisiana (April 01, 1825) 1825 Appeal from the parish court of the parish and city of New-Orleans.   Cases  
Watkins v. Logan 3 T.B.Mon. 20, Court of Appeals of Kentucky (November 11, 1825) 1825 Equity Jurisdiction. Executions. Trustees. ERROR TO THE LINCOLN CIRCUIT; JOHN L. BRIDGES, JUDGE. Statement. This is a bill in chancery, with an injunction enjoining the sale of property seized by execution, the complainants claiming a complete legal title thereto, and insisting that the execution, which is against a third person, can not operate on...   Cases  
Watkins v. Stockett's Adm'r 6 H. & J. 435, Court of Appeals of Maryland (June 01, 1825) 1825 Fraud may be inferred from facts and circumstances, from the character of the contract, or from the condition and circumstances of the parties. Parol evidence is inadmissible to vary or contradict the clear import of a written instrument, as well in equity as at law, except where fraud is charged, or in cases of trusts. Unless fraud in obtaining a...   Cases  
Williams v. Raby 3 Mart.(n.s.) 703, Supreme Court of Louisiana (June 01, 1825) 1825 Appeal from the court of the third district.   Cases  
Wiseley v. Findlay 3 Rand. 361, Supreme Court of Appeals of Virginia (March 21, 1825) 1825 The plaintiff's cause has a bad aspect. I am very much inclined to believe, that he has purchased from the children of Findlay, their interests in the land, under the idea that the old lady had a life estate, when he knew that she had not; and is now availing himself of his legal title, to turn her out, and thus break up the family understanding...   Cases  
Adams v. Gaynard 5 Mart.(n.s.) 248, Supreme Court of Louisiana (October 01, 1826) 1826 Appeal from the court of the sixth district.   Cases  
Almond v. Almond 4 Rand. 662, Supreme Court of Appeals of Virginia (July 21, 1826) 1826 A Court of Chancery has power to grant alimony to a wife, in Virginia, even without a contract for separation, where the misconduct of the husband is such as to render it unsafe for the wife to live with him, or he turns her out of doors without a support. But such a claim does not give the wife a right to any specific property of the husband....   Cases  
Anderson v. Com. 5 Rand. 627, General Court of Virginia (November 01, 1826) 1826 Before the statute of circumspecte agatis, 13 Edw. 1, the Court of King's Bench punished offences of incontinency, but since that statute, the cognizance of such offences has been transferred to the Ecclesiastical Courts. The offences of adultery, fornication, and the like, cannot be punished by our Courts of Law, as common law offences, unless...   Cases  
AWARD OF THE RUSSIAN EMPEROR. 2 U.S. Op. Atty. Gen. 28 (May 17, 1826) 1826     Administrative Decisions & Guidance  
Baillio v. Wilson 5 Mart.(n.s.) 214, Supreme Court of Louisiana (October 01, 1826) 1826 Appeal from the court of the sixth district.   Cases  
Balfour v. Chew 4 Mart.(n.s.) 154, Supreme Court of Louisiana (January 01, 1826) 1826 Appeal from the court of the third district.   Cases  
Barden v. McKinne 4 Hawks 279, Supreme Court of North Carolina (June 01, 1826) 1826 A levy on chattels vests in the Sheriff a special property, and he may therefore sell after the return day of the writ, without a ven. ex. but a levy on land gives to him neither property, nor a right of possession; he has a naked authority to sell only; his sale transfers a right of property to the purchaser, and without the consent of the tenant...   Cases  
Barino v. McGee 3 McCord 452, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) 1826 The rule still prevails, as to personal property, that when the statute of limitations begins to run, it will run on notwithstanding any intervening dissabilities. And where an action of trover was brought before the expiration of four years, and continued over until after the four years, and then the plaintiff was nonsuited, upon a second action...   Cases  
Barnes v. Williams 24 U.S. 415, Supreme Court of the United States (February 01, 1826) 1826 Where, in a special verdict, the essential facts are not distinetly found by the jury, although there is sufficient evidence to establish them, this Court will not render a judgment upon such an imperfect special verdict, but will remand the cause to the Court below, with directions to award a venire facias de novo. The claim of the plaintiffs...   Cases  
Bayon v. Towles 5 Mart.(n.s.) 1, Supreme Court of Louisiana (August 01, 1826) 1826 Appeal from the court of the fifth district.   Cases  
Bob v. State 10 Tenn. 173, Supreme Court of Errors and Appeals of Tennessee (August 01, 1826) 1826 The first question is, whether the evidence upon which the verdict was founded warrants that verdict; and without detailing that evidence, it is the opinion of a majority of the court, that it is not sufficient. Therefore, of course, the sentence of death which is founded upon the verdict is an unjust and illegal sentence, and ought not to stand if...   Cases  
Bohn v. Headley 7 H. & J. 257, Court of Appeals of Maryland (June 01, 1826) 1826 A deed of gift of personal property from a father, (who was not indebted at the time,) to his child, executed, acknowledged and recorded, according to law, conveying the property to the child, with a provision that the donor was to remain in its possession and use during life--Held, to be valid both at common law and under the statute of 13 Eliz....   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Bray v. Cumming 5 Mart.(n.s.) 252, Supreme Court of Louisiana (October 01, 1826) 1826 Appeal from the court of the sixth district.   Cases  
Brockenbrough v. Ward's Adm'r 4 Rand. 352, Supreme Court of Appeals of Virginia (June 09, 1826) 1826 The Court ought not to compel a plaintiff to join in a demurrer to evidence, if the evidence set forth in the demurrer shews that the plaintiff ought to recover. In what cases an action for money had and received is the proper action. Covenants are dependent or independent, according to the intention and meaning of the parties, and the good sense...   Cases  
Brooks v. Marbury 24 U.S. 78, Supreme Court of the United States (February 10, 1826) 1826 A debtor has a right to prefer one creditor to another in payment; and it is no objection to the validity of an assignment for that purpose, that it was made by the grantor, and received by the grantee, as trustee, in the hope and expectation, and with a view of preventing prosecution for a felony connected with his transactions with his creditors;...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Brown v. Bellows 4 Pick. 179, Supreme Judicial Court of Massachusetts (October 01, 1826) 1826 The plaintiff and defendant enter into an indenture, in which, after a recital that they are in possession and improvement and are principal owners of a certain water privilege in Concord, with the buildings thereon, machinery, fixtures, &c., the plaintiff agrees to convey, and the defendant to receive and pay for, all the plaintiff's right,...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Burke v. Wilder 1 McCord Eq. 551, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) 1826 A provision made for a child in ventre sa mere, which is afterwards born before the death of the testator, was held not to extend to an after born posthumous child, although the division of the property was suspended till the oldest son became twenty-one, and the division to be made between all his children now born or to be born. The...   Cases  
Butler v. Godley 1 Dev. 94, Supreme Court of North Carolina (December 01, 1826) 1826 If a legal estate passed to Mary Godley by the deeds in question, the limitations after her life estate are void, and the whole interest vested in her. To me it is incomprehensible how a person can take to the use of, or in trust for himself; that he should be his own trustee; that he should have a right to call upon himself to perform the use or...   Cases  
Byrd v. Bowie 5 Mart.(n.s.) 201, Supreme Court of Louisiana (October 01, 1826) 1826 Appeal from the court of the seventh district.   Cases  
Calloway v. Langhorne 4 Rand. 181, Supreme Court of Appeals of Virginia (May 05, 1826) 1826 The intention is to govern in the construction of a will. Therefore, where a testator, who devised his real estate to his children, and also a sum of money to one of them, so that his estate, both real and personal, not specifically given, shall be brought into estimate, and divided in such manner as to make their portions equal; the sum of money...   Cases  
Carter v. Harris 4 Rand. 199, Supreme Court of Appeals of Virginia (May 12, 1826) 1826 Where a grantor has conveyed all his estate, real and personal, to trustees, the conveyance includes equitable as well as legal rights, and the trustees are the proper persons to assert them, in a Court of Equity. A Sheriff who is interested in an execution, cannot lawfully levy it himself. Quære, can a Sheriff selling property under an...   Cases  
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