Title | Citation | Year | Summary | Most Relevant | Type | Status |
Johnson v. Glover |
2 Cranch C.C. 678, Circuit Court, District of Columbia (May 01, 1826) |
1826 |
Upon the return of a fieri facias issued on the 25th of October, 1823, Mr. Morfit, for defendant, in the case of Riggs & Gaither against [William H.] Barron, moved to quash the writ because more than a year had elapsed since the last preceding writ of execution had been issued, which was in April, 1822, and there had been no scire facias to revive... |
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Cases |
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Kibby v. Chitwood's Adm'r |
4 T.B.Mon. 91, Court of Appeals of Kentucky (January 23, 1826) |
1826 |
Private Statutes. Frauds and Perjuries. Pleading. Infants. Constitutional Law. Lien. Debtor and Creditor. APPEAL FROM THE GREENUP CIRCUIT; SILAS W. ROBBINS, JUDGE. The administrators of John R. Chitwood brought this action of assumpsit against the appellant in the court below, and declared in four counts; to the whole of which, the appellant... |
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Cases |
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Kirk v. Turner |
1 Dev.Eq. 14, Supreme Court of North Carolina (December 01, 1826) |
1826 |
The opinion of the Court was delivered by A delivery of a deed is, in fact, its tradition from the maker to the person to whom it is made, or to some person for his use, and if the person receiving it for another, is authorised to do so, it is not only immediately the maker's deed, but it cannot be rejected by the grantee. If he has not authorised... |
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Cases |
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La Frombois v. Jackson |
8 Cow. 589, Court for the Correction of Errors of New York (January 01, 1826) |
1826 |
It is not necessary that an adverse possession, in order to be available within the statute of limitations, should commence under an effectual deed. Though the possessor claim under written evidence of title, and on producing that evidence, it prove to be defective, yet the character of his possession, as adverse, is not affected by the defects of... |
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Cases |
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Land v. Otley |
4 Rand. 213, Supreme Court of Appeals of Virginia (May 22, 1826) |
1826 |
In the construction of Wills, the first object is, to gather the intention of the testator from the whole will; and this intention must prevail, unless it violate some rule of law. Where a testator leaves one half of his estate to his wife for life, and the use of the other half to her until his child or children come of age or marry, with... |
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Cases |
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Laval v. Deliesserline |
4 McCord 68, Court of Appeals of Law and Equity of South Carolina (November 01, 1826) |
1826 |
The City Sheriff of Charleston does not hold his office under the constitutional provision of the State as to the tenure of office of State Sheriffs. |
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Cases |
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Lawes v. Chinn |
4 Mart.(n.s.) 388, Supreme Court of Louisiana (April 01, 1826) |
1826 |
Appeal from the court of the third district. |
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Cases |
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Le Breton v. Morgan |
4 Mart.(n.s.) 138, Supreme Court of Louisiana (January 01, 1826) |
1826 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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Lewis v. Robards' Adm'x |
3 T.B.Mon. 406, Court of Appeals of Kentucky (October 20, 1826) |
1826 |
Pleading. Exceptions to Answers. Error. Mortgages. Parol Evidence. Lotteries. Consideration. Exhibits. Allegation and Proof. Rescission of Contracts. Hire. Interest. Lien. ERROR TO THE JESSAMINE CIRCUIT; WILLIAM L. KELLY, JUDGE. The complainant below, now plaintiff in error, filed his bill charging that David Williamson set on foot a private... |
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Cases |
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Livingston v. Ackeston |
5 Cow. 531 (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... |
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Trial Court Orders |
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Martinez v. Layton |
4 Mart.(n.s.) 368, Supreme Court of Louisiana (April 01, 1826) |
1826 |
Appeal from the parish court of the parish and city of New-Orleans. |
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Cases |
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McCants v. Bee |
1 McCord Eq. 383, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) |
1826 |
A legatee taking an estate coupled with a trust, takes it subject thereto, and cannot purchase or deal with the cestui que trust in relation to the trust estate. Exception, where there is no fraud, concealment or advantage taken of superior information of the matter. Many cases of hard and unconscionable contracts not amounting to actual fraud,... |
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Cases |
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Meadows v. Meadows |
3 McCord 458, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) |
1826 |
Upon a sale of lands at auction, the clerk of the auctioneer, is not such an agent of the parties whose entry will take the case out of the statute of frauds. An entry, to be a compliance with the statute, must contain a memorandum of the contract, and must state distinctly, the article sold, the price and the purchasers' name. An entry in these... |
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Cases |
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Minklaer v. Rockfeller |
6 Cow. 276, Supreme Court, New York (August 01, 1826) |
1826 |
An action will not lie against overseers of the poor, for omitting to apply to a justice, to obtain an order for the relief of a pauper settled in their town, at the suit of one who, after giving them notice, and requiring them to provide for the pauper, supports him at his awn expense, volun tarily, and without request from the overseers of the... |
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Cases |
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Minklaer v. Rockfeller |
6 Cow. 276 (August 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... |
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Trial Court Orders |
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Montamat v. Debon |
4 Mart.(n.s.) 147, Supreme Court of Louisiana (January 01, 1826) |
1826 |
Appeal from the court of the first district. |
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Cases |
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Montgomery v. Eveleigh |
1 McCord Eq. 267, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) |
1826 |
A trust estate is liable for necessaries furnished to the estate, though purchased by a general agent of the estate. |
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Cases |
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Moore v. Moore |
4 Hawks 358, Supreme Court of North Carolina (June 01, 1826) |
1826 |
Contribution among co-securities, arises not from any contract between them, but from a principle of natural equity--that equality is equity among persons standing in the same situation. And this being now the established and well understood doctrine of a Court of Equity, it is sufficient to infer an understanding among them of mutual contribution;... |
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Cases |
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Morisey v. Bunting |
1 Dev. 3, Supreme Court of North Carolina (December 01, 1826) |
1826 |
In a parol gift, deliberation and sedateness, on the part of the donor, is only evidence of the animus disponendi. It seems, that if non detinet and the statute of limitations are both pleaded, and the jury find all the issues in favor of the Defendant, this Court will not examine the correctness of the charge on the latter plea. When... |
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Cases |
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Nalle's Representatives v. Fenwick |
4 Rand. 585, Supreme Court of Appeals of Virginia (December 16, 1826) |
1826 |
The question of citizenship may be decided, after a great lapse of time, by facts and circumstances leading to a presumption that a foreigner had actually become a citizen. The probate of a will cannot be called in question, after the lapse of seven years, and no person appearing within that time to contest it. It seems, that a will of lands, where... |
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Cases |
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Nelson v. Evans |
1 Dev. 9, Supreme Court of North Carolina (December 01, 1826) |
1826 |
I think the Judge was right in permitting the Defendant to prove the reports in the neighborhood, of Defendant's guilt, in mitigation of damages, but not in support of the plea of justification. (See the cases collected in Norris's Peake on this subject, 478.) The law considers the Defendant less guilty, but not justified, when reports are publicly... |
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Cases |
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North's Ex'r v. Perrow |
4 Rand. 1, Supreme Court of Appeals of Virginia (January 27, 1826) |
1826 |
On a motion to dissolve an injunction, it ought not to be required of the defendant, to invalidate, by full proof, the allegations of the bill; but the burthen of proof lies on the plaintiff to support them. All that is required of the defendant, is, to shew that the evidence of the plaintiff is entitled to no credit. This was an appeal from the... |
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Cases |
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Norwood v. Green |
5 Mart.(n.s.) 175, Supreme Court of Louisiana (October 01, 1826) |
1826 |
Appeal from the court of the sixth district. |
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Cases |
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Oswald v. Tyler |
4 Rand. 19, Supreme Court of Appeals of Virginia (January 28, 1826) |
1826 |
Where a plaintiff suffers a verdict and judgment to go against him at law, he cannot apply to a Court of Equity to grant him a new trial, on the ground of his having been surprised at the trial at law, by unexpected evidence, unless he was prevented by fraud or accident from suffering a non-suit. Decided by two Judges out of three. Appeal from the... |
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Cases |
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Overton v. Archinard |
5 Mart.(n.s.) 207, Supreme Court of Louisiana (October 01, 1826) |
1826 |
Appeal from the court of the sixth district. |
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Cases |
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Pannell v. Farmers' Bank of Maryland |
7 H. & J. 202, Court of Appeals of Maryland (June 01, 1826) |
1826 |
On a bill praying a decree for the sale of mortgaged property for the payment of the mortgage debt, where the mortgage was not recorded in time--Held by Johnson, Chancellor, that in the distribution of the proceeds of sale, the mortgagees were not entitled to a preference over the creditors of the mortgagor, who became such subsequent to the date... |
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Cases |
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Ramsey's Distributees v. Ramsey's Adm'r |
4 T.B.Mon. 151, Court of Appeals of Kentucky (January 30, 1826) |
1826 |
In settling the accounts of the administrator, the commissioners appointed by the county court, allowed him a commission of five per cent. on the amount of the monies by him collected and disbursed. Upon the report to the county court, the distributees objected to the allowance of five per cent. on $2,989 87 1-2, part of the whole sum of $3,818... |
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Cases |
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Reels v. Knight |
5 Mart.(n.s.) 9, Supreme Court of Louisiana (August 01, 1826) |
1826 |
Appeal from the court of the fifth district. |
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Cases |
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Rhame v. Rhame |
1 McCord Eq. 197, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) |
1826 |
Alimony, when granted. The courts of equity of this State have jurisdiction of cases of alimony. Exercised by the courts of chancery, in England, during the revolution, (1640.) Alimony in this country granted upon the same principles and grounds as divorces in England. Alimony is granted in case of danger to life, limb or health. What merely wounds... |
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Cases |
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Ringgold v. Ringgold |
1 H. & G. 11, Court of Appeals of Maryland (June 01, 1826) |
1826 |
Trustees empowered by deed to sell real estate, and with the proceeds pay debts and make investments in stock, are not authorised to exchange the trust property for other real property. By making such exchange, though with the best intentions, they are responsible for the full value of the property parted with. The policy of the law requires, that... |
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Cases |
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Rogers v. Wilson |
Minor 407, Supreme Court of Alabama (July 01, 1826) |
1826 |
THIS was an action by Wilson against Rogers, for an assault and false imprisonment. Pleas, not guilty and justification. Verdict and judgment for plaintiff. On the trial the plaintiff introduced a witness who proved that defendant and one Davis, acting as Constable, brought him to a blacksmith's shop, and had handcuffs put on him. His Counsel... |
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Cases |
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Rolain's Adm'r v. Darby's Adm'x |
1 McCord Eq. 472, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) |
1826 |
As far as equity is permitted, it distributes the funds of a debtor equally. But at common law a debtor may prefer a creditor. A breach of trust only constitutes a simple contract debt. So where an executor receives money on a bond or judgment and retains it, it stands against him only as a simple contract debt. If a man, undertaking to keep... |
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Cases |
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Rutledge's Adm'rs v. Hazlehurst |
1 McCord Eq. 466, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) |
1826 |
Legal assets are first liable to all liens existing before the death of the debtor, before distribution among creditors under the executors' law. Outstanding debts are legal assets, and must be applied to the payment of debts in their legal order. Equitable assets are such as can only be reached through equity, and they alone are subject to the... |
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Cases |
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Rutledge's Adm'rs v. Smith's Ex'rs |
1 McCord Eq. 399, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) |
1826 |
A purchaser who takes possession and remains in the uninterrupted enjoyment of it, or who receives the rents and profits, must pay interest. But where it is discovered that the titles are defective, and the puchaser offers to rescind on receiving his money; or deposits the purchase money, with notice to the vendor, till titles are made, he is not... |
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Cases |
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Ryan v. Baldrick |
3 McCord 498, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) |
1826 |
A distinction has been made with regard to interest between written and parol agreements. Interest is allowed in the former, when not in the latter. Wherever an action is brought on a contract entered into for the delivery of a specific article, the value of that article, at the time fixed for the delivery, with interest, is the sum the plaintiff... |
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Cases |
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Sanders v. Harding's Heirs |
5 Mart.(n.s.) 62, Supreme Court of Louisiana (August 01, 1826) |
1826 |
Appeal from the court of the fifth district. |
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Cases |
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Saunders v. Pate |
4 Rand. 8, Supreme Court of Appeals of Virginia (January 28, 1826) |
1826 |
A Sheriff selling under execution, with good faith, incurs no responsibility as to title; there being no implied warranty, raised by law, under such a sale. The rule caveat emptor applies to such a case. Quære, whether the return of the Sheriff, on an execution, can be used as evidence for him, in a suit by the purchaser of property sold under... |
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Cases |
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Selby v. Clark |
4 Hawks 265, Supreme Court of North Carolina (June 01, 1826) |
1826 |
The general rule, which requires the proof of a bond to be made by the subscribing witness, has undergone various relaxations, the first of which ?? eems to have occurred in Coghlan v. Williamson, 1 Doug. 93, which was certainly a strong case, since besides the impossibility of obtaining the attendance of the witness, there was the defendant's... |
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Cases |
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Seward v. Jackson ex dem. Van Wyck |
8 Cow. 406, Court for the Correction of Errors of New York (January 01, 1826) |
1826 |
A special verdict, to enable a court of error to act upon it, must find facts, not merely state the evidence. And where the jury find the evidence merely, as that such a witness was sworn and testified to certain facts, and that other facts were admitted by counsel, &c. without stating their own conclusions, the court of errors cannot notice the... |
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Cases |
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Shelton ads. Cureton |
3 McCord 412, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) |
1826 |
Where the ordinary at the motion of securities to an administration bond discharges the administrator and appoints a new administrator, the securities to the first administrator are still liable for all defaults of their administrator to the time of his discharge. To prove the amount of their liability, the decree in equity against the... |
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Cases |
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Shepherd v. Percy |
4 Mart.(n.s.) 267, Supreme Court of Louisiana (February 01, 1826) |
1826 |
Appeal from the court of the first district. |
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Cases |
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Simmins v. Parker |
4 Mart.(n.s.) 200, Supreme Court of Louisiana (January 01, 1826) |
1826 |
Appeal from the court of the first district. |
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Cases |
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Singleton v. Bremar's Adm'x |
4 McCord 12, Court of Appeals of Law and Equity of South Carolina (February 01, 1826) |
1826 |
A fee cannot be limited to take effect in futuro; therefore a deed of a tract of land in case of my death to A, is void as a conveyance. An instrument having the formality of a Deed, may operate as a Will, being voluntary and to take effect at the death of the maker. A Covenant to stand seized to uses must be supported by a good or... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Skillman v. Lacy |
5 Mart.(n.s.) 50, Supreme Court of Louisiana (August 01, 1826) |
1826 |
Appeal from the court of probates of the parish of St. Mary. |
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Cases |
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Smith v. Hoffman |
2 Cranch C.C. 651, Circuit Court, District of Columbia (April 01, 1826) |
1826 |
This was an action of assumpsit [by Walter and Clement Smith], against Jacob Hoffman and George Johnson, for money paid, laid out, and expended by the plaintiffs, for the use of the defendants, and at their request. Johnson only was taken, and the writ abated, as to the other defendant, by the marshal's return that he was not an inhabitant of the... |
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Cases |
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Smith v. Smith |
4 Rand. 95, Supreme Court of Appeals of Virginia (February 11, 1826) |
1826 |
A bill in Chancery, which makes out a case for a specific execution of an award, but does not pray for general or special relief, is sufficient, if no objection be taken by the defendant, and he answers on the merits of the complaint, and submits himself to the decree of the Court. Qure, would this objection be sustained on a demurrer to the... |
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Cases |
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Spraggins v. White's Ex'rs |
4 Mart.(n.s.) 297, Supreme Court of Louisiana (March 01, 1826) |
1826 |
Appeal from the court of probates, of the parish and city of New-Orleans. |
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Cases |
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Stafford v. Stafford |
5 Mart.(n.s.) 145, Supreme Court of Louisiana (October 01, 1826) |
1826 |
Appeal from the court of the sixth district. |
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Cases |
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Stafford v. Stafford |
5 Mart.(n.s.) 162, Supreme Court of Louisiana (October 01, 1826) |
1826 |
Appeal from the court of the sixth district. |
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Cases |
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Stump's Ex'rs v. Deneale's Ex'x |
2 Cranch C.C. 640, Circuit Court, District of Columbia (April 01, 1826) |
1826 |
This was a bill in equity, by the executors of John Stump, against the heirs at law and executrix of George Deneale, to charge his real estate with the balance of a judgment at law, recovered by the plaintiffs against the testatrix, amounting to $5,000, and interest and costs upon a contract in which the testator, George Deneale, was surety for his... |
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Cases |
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