| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Swan v. Ligan |
1 McCord Eq. 227, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) |
1826 |
Tenant for life, or a purchaser from him, of personal property, compelled to give security to have it forthcoming and uninjured at the termination of the life estate. Tenant for life and his privies are trustees for the remainder-man. None but those legally or beneficially interested in the subject matter and result of the suit, need be made... |
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Cases |
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| Sydnor v. Burke |
4 Rand. 161, Supreme Court of Appeals of Virginia (March 17, 1826) |
1826 |
Although the record states that the jury were sworn to try the issue joined, yet, unless we can look to the plea which was directed to be entered nunc pro tunc, at a subsequent Term after the judgment, by way of amendment of the record, there was no plea entered, nor issue made up, in the cause. As to the amendment in question, it was not one... |
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Cases |
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| Tanner v. Robert |
5 Mart.(n.s.) 255, Supreme Court of Louisiana (October 01, 1826) |
1826 |
Appeal from the court of probates of the parish of Rapides. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Teague v. Wilks |
3 McCord 461, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) |
1826 |
In an action for malicious prosecution, it is necessary to set forth, in the declaration, that the prosecution is at an end; and to shew in what manner it was terminated. That the defendant was acquitted by the grand jury, or by a noli prosequi or by arrest of judgment, does not necessarily shew that the prosecution has been put an end to, and in... |
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Cases |
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| The Antelope |
24 U.S. 413, Supreme Court of the United States (February 01, 1826) |
1826 |
Explanation of the former decree of the Court in the same cause, ante, Vol. X. p. 66. CERTIFICATE. A mandate having issued to the Circuit Court for the District of Georgia, to carry into execution the decree of this Court pronounced at the February term, 1825, to deliver certain Africans, in the said decree mentioned, to the Spanish consul for... |
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Cases |
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| The Mary Anne |
1 Ware 99, District Court, D Maine (December 01, 1826) |
1826 |
This was a case of seizure made by the collector of Saco, for an alleged violation of the act of congress for the registering and recording of ships or vessels. The owner interposed no claim, but a claim was filed by Messrs. William J. and Charles E. Quincey, with a stipulation for costs, setting forth a claim against the vessel as attaching... |
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Cases |
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| Treme v. Lanaux's Syndics |
4 Mart.(n.s.) 230, Supreme Court of Louisiana (February 01, 1826) |
1826 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Trescot v. Trescot |
1 McCord Eq. 417, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) |
1826 |
A receipt in full upon a bond and mortgage, entered by the request of an executor and the legatees, for the benefit of the legatees, under a promise of giving a different security, set aside, and the bond and mortgage set up again, the promised security not having been given and the defendant not paid. Creditors of the legatees not being parties,... |
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Cases |
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| Trescott v. Smyth |
1 McCord Eq. 486, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) |
1826 |
The mortgagee of personal property is the legal owner, and such property cannot be distrained on for rent in the hands of the mortgagor. An equitable interest is not the subject of distress. |
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Cases |
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| Trongott v. Byers |
5 Cow. 480 (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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| U.S. v. Hawkins |
4 Mart.(n.s.) 317, 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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| Vaux v. Nesbit |
1 McCord Eq. 352, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) |
1826 |
An alien devisee may take and hold (in exclusion of the next heir, a citizen,) until office found. A person coming into possession under a will cannot obtain a right by possession adversely from others claiming under the same will: possession as to them is fiduciary. Denizenship has no retrospective operation. The court has the right on a question... |
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Cases |
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| Verret's Heirs v. Candolle |
4 Mart.(n.s.) 402, Supreme Court of Louisiana (April 01, 1826) |
1826 |
Appeal from the court of the second district. |
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Cases |
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| Wells v. Hunter |
5 Mart.(n.s.) 119, 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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| White v. Cumming |
5 Mart.(n.s.) 199, 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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| Williams v. Horton |
4 Mart.(n.s.) 464, Supreme Court of Louisiana (May 01, 1826) |
1826 |
Appeal from the court of the third district. |
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Cases |
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| Wilson v. Cheshire |
1 McCord Eq. 233, Court of Appeals of Law and Equity of South Carolina (January 01, 1826) |
1826 |
The statute, 3 Hen. VII. c. 4, avoiding all deeds of gift of goods made in trust to the use of the person himself is only in favor of creditors. A person holding the note of a feme who had executed such a deed, given during a subsequent coverture with her husband, is not such a creditor, especially as he had notice of the deed before he contracted.... |
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Cases |
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| Wilson v. Shackleford |
4 Rand. 5, Supreme Court of Appeals of Virginia (January 28, 1826) |
1826 |
By the common law, the vendor of personal property is not answerable for the quality of the thing sold, unless he either warrants its quality, or makes some false representation in respect to it, or, knowing of the defect, omits to disclose it; and this is the law of Virginia. This was an appeal from the Chancery Court of Richmond. Wilson filed his... |
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Cases |
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| Wise v. Freshly |
3 McCord 547, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) |
1826 |
A baillee for hire is liable for any injury the hired property sustains from his negligence, and the jury cannot at their arbitrary discretion assess the property at a value much less than its true value. |
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Cases |
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| Wright v. Harman |
5 Mart.(n.s.) 235, Supreme Court of Louisiana (January 01, 1826) |
1826 |
Appeal from the court of the sixth district. |
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Cases |
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| Abadie v. Poydras |
6 Mart.(n.s.) 26, Supreme Court of Louisiana (May 01, 1827) |
1827 |
Appeal from the court of the fourth district. |
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Cases |
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| Adams v. Logan |
6 T.B.Mon. 175, Court of Appeals of Kentucky (December 01, 1827) |
1827 |
Wills. Devises. Posthumous Children. Tenant by the Courtesy. ERROR TO THE LINCOLN CIRCUIT; JOHN L. BRIDGES, JUDGE. On the 31st May, 1780, Stephen Trigg made an entry for four hundred acres of land, upon which a survey was executed on the 3d of March, 1782, and thereupon a grant issued on the 1st of November, 1782, in the name of Wm. Trigg, who died... |
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Cases |
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| Armstrong v. Lear |
25 U.S. 169, Supreme Court of the United States (February 21, 1827) |
1827 |
APPEAL from the Circuit Court for the District of Columbia. The bill, filed on the Chancery side of the Circuit Court, stated, that Thaddeus Kosciuszko, on the 5th of May, 1798, placed a fund in the hands of Thomas Jefferson, and executed a will, as follows: I, Thaddeus Kosciuszko; being just on my departure from America, do hereby declare and... |
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Cases |
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| Baker v. Voorhies |
6 Mart.(n.s.) 312, Supreme Court of Louisiana (October 01, 1827) |
1827 |
Appeal from the court of the sixth district. |
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Cases |
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| Balfour v. Chew |
5 Mart.(n.s.) 517, Supreme Court of Louisiana (April 01, 1827) |
1827 |
Appeal from the court of the third district. |
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Cases |
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| Barbarin v. Saucier |
5 Mart.(n.s.) 361, Supreme Court of Louisiana (January 01, 1827) |
1827 |
Appeal from the court of the first district. |
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Cases |
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| Barfield v. Hewlett |
6 Mart.(n.s.) 78, Supreme Court of Louisiana (June 01, 1827) |
1827 |
Appeal from the court of the first district. |
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Cases |
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| Barnes' Heirs v. Barnes' Ex'rs |
3 Cranch C.C. 269, Circuit Court, District of Columbia (December 01, 1827) |
1827 |
In equity. This was a bill in equity by Hannah and Susan Duryee, the heirs of John Barnes, late of Georgetown, D. C., against his executors and the corporation of Georgetown, to set aside certain legacies and trusts, given and created by his will. The will is dated 12th March, 1825, and the testator died on the 12th of February, 1826. After... |
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Cases |
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| Bells v. Gillespie |
5 Rand. 273, Supreme Court of Appeals of Virginia (June 11, 1827) |
1827 |
A will is made between the 1st day of January, 1787, and the 1st day of January, 1820, by which the testator gives to his sons several tracts of land, and if either of them should die without lawful issue the part allotted to him to be equally divided among his surviving brothers, &c.; this is a fee tail, and not an executory devise. This was an... |
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Cases |
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| Beon v. Morgan |
5 Mart.(n.s.) 701, Supreme Court of Louisiana (May 01, 1827) |
1827 |
Appeal from the court of the first district. |
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Cases |
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| Bernardine v. L'Espinasse |
6 Mart.(n.s.) 94, Supreme Court of Louisiana (June 01, 1827) |
1827 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Bonnet v. Ramsay |
6 Mart.(n.s.) 129, Supreme Court of Louisiana (June 01, 1827) |
1827 |
Appeal from the court of the first district. |
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Cases |
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| Boyce v. Barksdale |
4 McCord 141, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) |
1827 |
Where a defendant is in gaol under a Ca. Sa. and escapes, the plaintiff has two remedies against the Sheriff, i. e. An action of debt, wherein he will be entitled to recover the whole amount of his judgment against the prisoner; or an action on the case for damages by reason of the escape, in which the jury will be allowed to assess damages... |
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Cases |
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| Bradford v. Felder |
2 McCord Eq. 168, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) |
1827 |
The next of kin to a deceased person cannot maintain a suit in equity for the recovery of property without administering, though he be exclusively entitled. If he take possession and make dispositions, such acting will be disallowed. The decree suspended and leave given to the complainant to take out administration and to state it by way of... |
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Cases |
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| Broussard v. Philips |
6 Mart.(n.s.) 309, Supreme Court of Louisiana (October 01, 1827) |
1827 |
Appeal from the court of the sixth district. |
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Cases |
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| Chiles v. Hoy's Heirs |
6 T.B.Mon. 46, Court of Appeals of Kentucky (October 20, 1827) |
1827 |
Executions. Decrees. Costs. Jurisdiction. Statutes. ERROR TO THE CLARKE CIRCUIT; GEORGE SHANNON, JUDGE. This record presents a single question: could a decree in Bourbon for land, and for costs, authorize an execution for costs to go to the county of Montgomery? No facts as to residence of the defendants, no other fact, to impeach the execution;... |
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Cases |
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| Coleman v. Breaud |
6 Mart.(n.s.) 207, Supreme Court of Louisiana (September 01, 1827) |
1827 |
Appeal from the court of the fifth district. |
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Cases |
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| Coleman v. Shelton |
2 McCord Eq. 126, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) |
1827 |
Where personal property left in pledge, or subject to an equitable lien, has been taken from the pawnee by the debtor, the creditor may go into equity to enforce his lien. At law the lien incident to a pledge or pawn depends on the possession, and detinue or other action at law cannot afford an adequate remedy where the pawn has been taken from the... |
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Cases |
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| Collier v. Poe |
1 Dev.Eq. 55, Supreme Court of North Carolina (June 01, 1827) |
1827 |
It has long been settled by the decisions of our Courts, that if a parent puts property into the possession of a child who has left, or is about to leave the parent, such property is presumed to be given, and not loaned to the child, and therefore purchasers and creditors have subjected it to their claims, whatever may have been the private... |
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Cases |
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| Commonwealth v. Chubb |
5 Rand. 715, General Court of Virginia (November 01, 1827) |
1827 |
The act of Assembly, passed 11th February, 1825, entitled, an act to prevent the sale of foreign lottery tickets within this Commonwealth, does not come within the operation of the 29th section of the gaming law, and is, therefore, not to be interpreted as if it were a remedial law, but like other penal laws. A guarantee, (or written... |
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Cases |
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| Commonwealth v. Kimberlain |
6 T.B.Mon. 43, Court of Appeals of Kentucky (October 20, 1827) |
1827 |
The question whether it sufficiently appears by the scire facias, that the recognizance was acknowledged before persons having competent authority, vanishes upon inspecting the scire facias. It recites that Kimberlain appeared before Thomas M. Buckley and Reuben Samuel, two of the Commonwealth's justices of the peace for said county of Henry, and... |
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Cases |
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| Commonwealth v. Turner |
5 Rand. 678, General Court of Virginia (November 01, 1827) |
1827 |
In coming to a decision upon this delicate and important question, the Court has considered it to be its duty to ascertain, not what may be expedient, or morally, or politically right in relation to this matter, but what is the law. It is its duty to expound and declare the actual law; and not to make, or amend it. We have not been unaware that, in... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Connell v. Lewis |
Walker 251, Supreme Court of Mississippi (December 01, 1827) |
1827 |
A forthcoming bond forfeited, raises the lien of the first execution on which it is taken, and is a satisfaction of the judgment, until such bond shall be quashed. The statutes giving summary remedies against sheriffs, must be strictly construed. |
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Cases |
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| Cotchet v. Dixon |
4 McCord 311, Court of Appeals of Law and Equity of South Carolina (June 01, 1827) |
1827 |
The declarations of a witness, that he is interested in the event of a suit are not, per se, sufficient to deprive the party by whom he is called of the benefit of his examination. To exclude a witness, it is not enough that he has an interest in the subject matter of litigation, it must be an interest in the event of the particular cause. If the... |
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Cases |
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| Crenshaw v. Anthony |
8 Tenn. 102, Supreme Court of Errors and Appeals of Tennessee (January 01, 1827) |
1827 |
The Act of 1801, 25, 2 (Code, 1761) against pretended loans of property, could not have intended to bar and destroy the vested rights of citizens of other States, fairly acquired according to the law of the State where the contract was made. (Acc. Loring v. Hunter, 8 Y., 33, citing this case.) Therefore, a conveyance of personalty made in Virginia,... |
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Cases |
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| Davidson v. Cowan |
1 Dev. 304, Supreme Court of North Carolina (December 01, 1827) |
1827 |
A sheriff should not be permitted to amend his return, to the injury of strangers to the record, and this especially after the lapse of sixteen years. But when on a rule obtained, he was directed to amend, held, that the opposite party could not appeal from the order. The Plaintiff, on the Spring Circuit of 1827, obtained a rule upon the Defendant... |
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Cases |
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| Davison v. Chabres |
6 Mart.(n.s.) 317, Supreme Court of Louisiana (October 01, 1827) |
1827 |
Appeal from the court of the sixth district. |
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Cases |
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| De Flechier's Syndics v. Degruys |
5 Mart.(n.s.) 423, Supreme Court of Louisiana (March 01, 1827) |
1827 |
Appeal from the court of the first district. |
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Cases |
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| Den ex dem. Hughes v. Shaw |
8 Tenn. 323, Supreme Court of Errors and Appeals of Tennessee (August 01, 1827) |
1827 |
A widow is, under 1784, 22, 8 (Code, 2406), dowable of lands conveyed by the husband to his son, without consideration, although the ostensible object were to defeat creditors, if, in fact, it were also intended to defraud the widow of her dower. (See Brewer v. Connell, 11 Hum., 500; Rowland v. Rowland, 2 Sn., 543.) Quaere, whether every conveyance... |
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Cases |
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| Dicks v. O'Conner |
5 Mart.(n.s.) 547, Supreme Court of Louisiana (April 01, 1827) |
1827 |
Appeal from the court of the third district. |
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Cases |
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