TitleCitationYearSummaryMost RelevantTypeStatus
Castleman v. Stone 5 Mart.(n.s.) 282, Supreme Court of Louisiana (November 01, 1826) 1826 Appeal from the court of the first district.   Cases  
Cheshire v. Booe 1 Dev.Eq. 22, Supreme Court of North Carolina (December 01, 1826) 1826 The opinion of the Court was delivered by Taking it for granted, that fraud in the cestui que trust, will avoid a sale honestly made by the trustee, and therefore assuming it as a duty to look into the testimony in this case, I have examined the depositions, and am of opinion, that it is altogether unnecessary to give the evidence in detail--much...   Cases  
Clark v. Barham 4 Mart.(n.s.) 411, Supreme Court of Louisiana (April 01, 1826) 1826 Appeal from the court of the third district.   Cases  
Coale v. Harrington 7 H. & J. 147, Court of Appeals of Maryland (June 01, 1826) 1826 A bill of sale of all the personal estate of the grantor passes whatever estate then belonged to him, and parol evidence is admissible to shew what that estate was. Where it did not appear by the acknowledgment of a bill of sale before a justice of the peace, whether it was made by the grantor, or by whom it was made--Held, that such acknowledgment...   Cases  
Copelle v. Dalton 4 Mart.(n.s.) 123, Supreme Court of Louisiana (January 01, 1826) 1826 Appeal from the court of the parish and city of New-Orleans.   Cases  
Cornet v. Winton's Lessee 10 Tenn. 143, Supreme Court of Errors and Appeals of Tennessee (July 01, 1826) 1826 The only question to be decided is, which is the better legal and possessory title, that of Stuart under his grant from the state of North Carolina, of 1800, or of Brown under the treaty of February, 1819? I will state the result my mind has come to, from the arguments of the counsel, and the authorities examined upon the subject. First. The grant...   Cases  
Crabtree v. Cheatham 10 Tenn. 138, Supreme Court of Errors and Appeals of Tennessee (January 01, 1826) 1826 The facts of this case, as collected from the bill, answers and depositions, are these: Heslip sold a tract of land to Prior, and gave him a bond or covenant for title, which in December, 1814, Crabtree purchased of Prior, the latter giving to him a bond to deliver to him (Crabtree) the bond of Heslip for title, at a future day; the bond being not...   Cases  
Croom v. Herring 4 Hawks 393, Supreme Court of North Carolina (June 01, 1826) 1826 He on whom the law casts an inheritance on the death of the ancestor, is designated by the technical word heir. It could not originally be used to designate him on whom the law cast the goods or chattel property, for it cast them on no one, no person was appointed by law to succeed to the deceased ancestor; on his death, they became bona vacantia,...   Cases  
Cunningham v. Mitchell 4 Rand. 189, Supreme Court of Appeals of Virginia (May 09, 1826) 1826 In these cases, the defendant in supersedeas having given due notice that he should move for judgments against the plaintiff in supersedeas and Joshua Long, for money paid for them, as their surety, under execution; the defendants in the motions failed to appear, and judgments were given according to the notice. The proofs upon which the judgments...   Cases  
Dabney v. Taliaferro 4 Rand. 256, Supreme Court of Appeals of Virginia (May 26, 1826) 1826 A Sheriff, as jailor, is bound to furnish a runaway committed to the jail, with such supplies as are necessary for the season of the year. A Sheriff is ex-officio jailor, and is liable for the misconduct of his turnkey or servant. An instruction by the Court, that the facts proved are not conclusive evidence, does not amount to an instruction as to...   Cases  
Dandridge v. Minge 4 Rand. 397, Supreme Court of Appeals of Virginia (July 27, 1826) 1826 It is the duty of an executor or administrator to apply the assets of the estate, not necessary for the payment of debts, to the exoneration of the real estate of his testator or intestate, which may be under mortgage. A husband cannot rightfully elect that his wife's property should be real or personal, at his pleasure. When the rights of a wife...   Cases  
Davis v. Hall 4 T.B.Mon. 23, Court of Appeals of Kentucky (January 12, 1826) 1826 On the 14th November, 1811, Lamach Davis, the plaintiff in error, sold to Robert Hall, the defendant, a tract of land containing about two hundred acres, with some improvements thereon, and entered into an article of agreement setting out the contract, wherein it was stipulated, that Davis should deliver the possession of the farm to Hall, on the...   Cases  
Davis v. Payne's Adm'r 4 Rand. 332, Supreme Court of Appeals of Virginia (June 05, 1826) 1826 The property of a third person never was liable to distress, unless it were found upon the premises; and even where it is found there, the distress is taken away by the Act of 1818, 1 Rev. Code, ch 113, sec. 15. A voluntary conveyance of personal property, by a party not indebted at the time, is good against subsequent creditors, if the deed be...   Cases  
Davis v. Rhame 1 McCord Eq. 191, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) 1826 Partition or distribution necessary to give possession of an intestate's estate to a distributee. Possession by the guardian of a female, sufficient possession to vest the marital rights of her husband. To give a vested interest in possession to property distributable of an intestate's estate, there must be an actual partition. The possession of a...   Cases  
Day v. Thibodeau 5 Mart.(n.s.) 48, Supreme Court of Louisiana (August 01, 1826) 1826 Appeal from the court of the fifth district.   Cases  
De Graffenreid v. Mitchell 3 McCord 506, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) 1826 Where a parent suffers property to go into the possession of a child upon marriage, it is prima facie evidence of a gift. A man's house may not be broken open to take his own person or one of his family or his goods under an execution; but the sheriff upon request and denial may break the house and do execution upon the body or goods of a third...   Cases  
Destrehan v. Destrehan's Ex'rs 4 Mart.(n.s.) 557, Supreme Court of Louisiana (June 01, 1826) 1826 Appeal from the court of the first district.   Cases  
Dorsey v. Hays 7 H. & J. 370, Court of Appeals of Maryland (June 01, 1826) 1826 A landlord may distrain the goods of his tenant, fraudulently and clandestinely removed off the demised premises to avoid his rent, under the stat. 11 Geo. II, ch. 19, within thirty days from the time of removal, although the lease, upon which the rent was due, may then be determined, and the tenant may not be in possession of the premises. An...   Cases  
Douglass v. Curtis 5 Mart.(n.s.) 112, Supreme Court of Louisiana (October 01, 1826) 1826 Appeal from the court of the sixth district.   Cases  
Dreux v. Creditors 4 Mart.(n.s.) 629, Supreme Court of Louisiana (June 01, 1826) 1826 Appeal from the court of the first district.   Cases  
Edelen v. Hardey's Lessee 7 H. & J. 61, Court of Appeals of Maryland (June 01, 1826) 1826 If evidence is given in the court below, by consent of parties, its legality cannot be questioned in the appellate court. In an ejectment where the defendant's title to the land sued for, and his only defence was under the supposed will of a former owner, and it appeared that there had been a former ejectment against the defendant, in which the...   Cases  
Edmonds v. Crenshaw 1 McCord Eq. 252, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) 1826 Purchases by an executor at his own sales, void; and voidable in the hands of a purchaser from him with notice, express or implied. Lis pendens only extends to the property the subject of a suit, as to which only, it is notice to all the world. Ne exeat ordered. Commission of sequestration issued. The purchase of an executor at a sale of the...   Cases  
Elliot v. Cox 5 Mart.(n.s.) 285, Supreme Court of Louisiana (November 01, 1826) 1826 Appeal from the court of the first district.   Cases  
Falls v. Torrance 4 Hawks 412, Supreme Court of North Carolina (June 01, 1826) 1826 Upon reading the evidence in this case, the general conclusion I have reached is, that Flora and her descendants, were, after his death, part of the personal estate of Gilbreath Falls, and as such, subject to distribution amongst the next of kin, not having been otherwise disposed of by the administrators, in the regular exercise of their...   Cases  
Fant v. Wilson 3 T.B.Mon. 342, Court of Appeals of Kentucky (October 20, 1826) 1826 Executions. Sheriff's Sales. Sale Bonds. Replevin Bonds. APPEAL FROM THE UNION CIRCUIT; ALNEY M'LEAN, JUDGE. Statement of the facts. On an execution, in favor of Wilson against Davenport, endorsed that paper of the Bank of Kentucky, or of the Bank of the Commonwealth, would be received in discharge of the execution, the sheriff took and sold a...   Cases  
Farley v. Farley 1 McCord Eq. 506, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) 1826 With great reluctance the court dismisses a bill for want of jurisdiction, where the exception is not taken till nearly the close of a protracted litigation. No person, though next of kin, can sue at law or equity for the personal property of an intestate, unless he take out administration. None but the administrator or executor of a deceased...   Cases  
Faulkners' Adm'x v. Brockenbrough 4 Rand. 245, Supreme Court of Appeals of Virginia (May 23, 1826) 1826 Where it is stipulated in a mortgage, that money shall be paid on or before a given day, and it is paid after that day, the mortgagee is not deprived of his right of action at law, on the mortgage. The acceptance of the money by the mortgagee, after the day appointed for payment, does not change the rights of the parties, at law. Austin...   Cases  
Frazier's Trustees v. Center 1 McCord Eq. 270, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) 1826 How far a married woman may be considered as capable of disposing of property settled on her for her separate use not yet perhaps finally settled in this State. A feme covert with the consent of her trustee, may vest her own separate funds in any way she may think best. A party will not be divested of a prior lien unless there has been some fraud...   Cases  
Galloway v. Legan 4 Mart.(n.s.) 167, Supreme Court of Louisiana (January 01, 1826) 1826 Appeal from the court of the eighth district.   Cases  
Galphin v. McKinney 1 McCord Eq. 280, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) 1826 Liability of sureties considered. Lands in this State are assets for the payment of debts; and where the executor had given his bond with a security to the commissioner for a sum due on a purchase at his sales, which sum upon a reference appeared to belong to the estate of his testator, and the executor afterwards obtained an order of court to have...   Cases  
Gardere v. Foucher 4 Mart.(n.s.) 352, Supreme Court of Louisiana (March 01, 1826) 1826 Appeal from the court of the second district.   Cases  
Garland v. Rives 4 Rand. 282, Supreme Court of Appeals of Virginia (May 29, 1826) 1826 The original bill in this case was filed by the appellee, a creditor of Lewis Nicholas, for the purpose of setting aside a conveyance of land, made by the debtor to John H. Coleman; another made to Charles Wingfield, and the said Coleman; and also, a transfer of personal property, made by Nicholas to Wingfield and Coleman; and a conveyance of land,...   Cases  
Gonsonlin's Heirs v. Brashear 5 Mart.(n.s.) 33, Supreme Court of Louisiana (August 01, 1826) 1826 Appeal from the court of the fifth district.   Cases  
Graves v. Downey 3 T.B.Mon. 353, Court of Appeals of Kentucky (October 04, 1826) 1826 Administration. Some time prior to May, 1802, William Roberson departed this life childless, leaving a widow, Mary Ann Roberson. At the May court, 1802, of Montgomery county, administration of his estate was granted to his widow, and she shortly thereafter married Samuel Downey. The widow and administratrix, together with her husband, Samuel...   Cases  
Gregory's Ex'rs v. Forrester 1 McCord Eq. 318, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) 1826 Personal property does not descend to the heir at law. An executor or administrator is the only organ through whom the rights of the next of kin can be ascertained, and there must be administration. And generally an executor or administrator is the only organ through whom a creditor can get the funds of an estate, or to whom a debtor is answerable....   Cases  
Hamilton v. Shrewsbury 4 Rand. 427, Supreme Court of Appeals of Virginia (August 02, 1826) 1826 If the proceedings under an execution are wholly void, no title passes by the sale to the purchaser, and the defendant may have redress in an action of detinue, and a Court of Equity has no jurisdiction. If the execution is valid so far as to bind the property, but the sale under it is void, on account of the interest or improper conduct of the...   Cases  
Hardcastle's Estate v. Porcher Harp. 495, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) 1826 [This case is also cited in Blakely v. Tisdale, 14 Rich. Eq. 102, as to facts.] This was a case of escheat, tried before his Honor Judge James, at Charleston, May Term, 1825. The inquisition states that three tracts of land in St. Stephen's Parish, containing, in the whole, two thousand three hundred and seventy-seven acres, escheated to the...   Cases  
Harris v. McKee 4 Mart.(n.s.) 485, Supreme Court of Louisiana (May 01, 1826) 1826 Appeal from the court of probates of the parish of St. Helena.   Cases  
Havard v. Stone 5 Mart.(n.s.) 126, Supreme Court of Louisiana (October 01, 1826) 1826 Appeal from the court of the sixth district.   Cases  
Hays v. Wood 4 Rand. 272, Supreme Court of Appeals of Virginia (May 29, 1826) 1826 Richard Wood the appellee, and David Hays the appellant, on the 9th of October, 1815, purchased a tract of land from John Wood, for the consideration of $4000, payable, as mentioned in the articles of agreement, entered into between them, on that day. The bill alleges, that the appellee had paid more than his moiety of the purchase money; but that...   Cases  
Hernandez v. Garetage 4 Mart.(n.s.) 419, Supreme Court of Louisiana (April 01, 1826) 1826 Appeal from the court of the third district.   Cases  
Hoggatt v. Hunt Walker 216, Supreme Court of Mississippi (June 01, 1826) 1826 As a general rule on an appeal from the decree of the Chancellor to the supreme court, newly discovered evidence cannot be admitted. Whether the Chancellor will grant a re-hearing, is discretionary with him, and his refusal to grant a re-hearing, cannot be reviewed upon an appeal. It is usual to grant a re-hearing upon petition signed by two...   Cases  
Hope v. Johnson 10 Tenn. 123, Supreme Court of Errors and Appeals of Tennessee (January 01, 1826) 1826 David Beatty died leaving a will, and made the defendants his executors, and therein, amongst other things, made the following devise and bequest: I will and bequeath that the plantation I now live on be sold by public or private sale to the best advantage, and the proceeds thereof be laid out in land in the Indiana Territory, as well...   Cases  
Hubert v. McGahey Walker 246, Supreme Court of Mississippi (June 01, 1826) 1826 A levy of an execution upon the first judgment, and loss of the property by the neglect of the Sheriff, presents no ground for quashing another execution issued upon another judgment on the forthcoming bond.   Cases  
Humphrey v. Jones 3 T.B.Mon. 261, Court of Appeals of Kentucky (October 03, 1826) 1826 Statement. This is a warrant for a forcible entry and detainer. The jury before the justice of the peace, returned a verdict of guilty against the defendant, who, by a traverse, brought it into the circuit court, where the jury confirmed the former finding, and the defendant in the warrant has brought the case to this court, by an appeal. The...   Cases  
Iley v. Niswanger 1 McCord Eq. 518, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) 1826 A voluntary settlement, by a person not in debt, cannot be impeached by a subsequent creditor, unless made with a view to future indebtedness, or attended with some other circumstance of fraud. But void if made by a person indebted, as to subsequent creditors. But the debt must be sufficient to raise a reasonable presumption of fraudulent intent,...   Cases  
Jackson ex dem. People v. Etz 5 Cow. 314, Supreme Court, New York (February 01, 1826) 1826 In ejectment by the people, for escheated lands propter defectum sanguinis, the jury should be satisfied beyond all reasonable doubt, that the tenant whose lands are claimed as being escheated, died without heirs. Hearsay evidence of finding the body and burial of one supposed to be dead, is inadmissible; though otherwise as to the fact of his...   Cases  
Jackson ex dem. People v. Etz 5 Cow. 314 (February 01, 1826) 1826 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  
Jackson ex dem. People v. Lervey 5 Cow. 397 (January 01, 1826) 1826 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  
Jackson's Ex'rs v. Holliday's Adm'rs 3 T.B.Mon. 363, Court of Appeals of Kentucky (October 21, 1826) 1826 Vender and Vendee. Onus Probandi. Authority. Fraud. Damages. Interest. Hire. ERROR FROM THE CLARKE CIRCUIT; GEORGE SHANNON, JUDGE. John Gains, as executor of Congreve Jackson brought an action on the case against David Hampton, the administrator of John Holliday, and declared with several counts. Action vs. administrator, for tort of his intestate....   Cases  
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