| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Dougherty v. Holloway |
5 T.B.Mon. 314, Court of Appeals of Kentucky (June 30, 1827) |
1827 |
On the 5th September, 1825, Charles W. Holloway, declared in assumpsit against Dougherty, in three counts. The first is upon an agreement to pay the plaintiff fifty dollars, in paper of the Bank of the Commonwealth, for a yoke of oxen, and so much money as the yoke, and the conveying of the oxen to the defendant's house, were reasonably worth; with... |
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Cases |
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| Dufau v. De Gruys |
5 Mart.(n.s.) 416, 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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| Duncan's Ex'rs v. Poydras' Ex'rs |
5 Mart.(n.s.) 492, Supreme Court of Louisiana (March 01, 1827) |
1827 |
Appeal from the court of the fourth district. |
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Cases |
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| Dunlap v. Crawford |
2 McCord Eq. 171, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) |
1827 |
Words of perpetuity in a devise of lands not necessary to convey a fee. I will and bequeath to my son R. one half of my plantation whereon I now live, held to convey a fee. A charge on lands devised, without words of perpetuity, will give a fee. The legislature having declared by an act, what the law in future should be on a point... |
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Cases |
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| Edelen v. Thompson |
2 H. & G. 31, Court of Appeals of Maryland (June 01, 1827) |
1827 |
It is alleged in this case, that the court committed an error in sending back the jury to their chamber, who returned a different verdict from that rendered by them in the first instance. The court were about to rise for the day, as the jury first retired from the bar, and for their convenience, the parties agreed that the jury give their verdict... |
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Cases |
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| Elliott v. Waring |
5 T.B.Mon. 338, Court of Appeals of Kentucky (July 02, 1827) |
1827 |
Parties. Fraud against Creditors. Husband and Wife. APPEAL FROM THE WOODFORD CIRCUIT; WILL. L. KELLY, JUDGE. Waring, the appellee, filed these two bills, setting up two judgments at law obtained against Elliott, in favor of other persons, and assigned by the plaintiffs therein to Waring, after the judgments were rendered; and alleging that... |
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Cases |
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| Erwin v. Fenwick |
6 Mart.(n.s.) 229, 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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| Erwin v. Porter |
6 Mart.(n.s.) 166, 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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| Estes v. Hairston |
1 Dev. 354, Supreme Court of North Carolina (December 01, 1827) |
1827 |
It was thereupon ordered, that a Certiorari issue, and a special writ to the Sheriff commanding him, on security being given for the Certiorari, and that fact certified to him by the Clerk of the Court below, that he should admit the Petitioner to bail, and discharge him out of custody. |
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Cases |
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| Faris v. Durham |
5 T.B.Mon. 397, Court of Appeals of Kentucky (October 03, 1827) |
1827 |
Case stated. On the 28th of March, 1817, Meredith Compton, executed a bond to Joshua Faris for six hundred dollars. Suit was afterwards brought by Faris upon the bond, and judgment recovered against Compton for principal and interest. Upon the judgment execution was sued out against the estate of Compton, but the amount thereof was not made by the... |
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Cases |
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| Fox v. Adams |
5 Mart.(n.s.) 558, Supreme Court of Louisiana (April 01, 1827) |
1827 |
Appeal from the court of the fourth district. |
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Cases |
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| Gardere v. Fisk |
6 Mart.(n.s.) 387, 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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| Gardner v. Harden |
2 McCord Eq. 32, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) |
1827 |
The security which the court will grant the remainder-man, of personal property, against the acts of the tenant for life. Where there is no reasonable ground for apprehension on the part of a remainder-man of the tenant for life of personal property, the court will only order the tenant for life to give a schedule of the property. In case, however,... |
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Cases |
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| Gill v. Phillips |
6 Mart.(n.s.) 298, Supreme Court of Louisiana (October 01, 1827) |
1827 |
Appeal from the probate court of the parish of Rapides. |
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Cases |
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| Gist v. Gist's Ex'rs |
2 McCord Eq. 473, Court of Appeals of Law and Equity of South Carolina (February 01, 1827) |
1827 |
Where an estate is properly sold on a credit and bonds taken by the executor, he is entitled to charge commissions on the bonds, as on so much money received. An executor is entitled to commissions on all sums received and paid, whether in bonds, notes, or cash. |
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Cases |
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| Glasscock v. Batton |
6 Rand. 78, Supreme Court of Appeals of Virginia (November 13, 1827) |
1827 |
The jurisdiction of a Court of Chancery, I think, can be maintained in this case, if on no other ground, on the one taken in the argument, that if the Plaintiff in Equity had sued at Law, he could have been successfully resisted by the mortgage, which was duly recorded. Even if the Bill of Sale had been produced there, it might not have been a... |
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Cases |
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| Gore v. Sumersall |
5 T.B.Mon. 505, Court of Appeals of Kentucky (October 08, 1827) |
1827 |
Fraud. Rescission of Contracts. Feme Covert. Conveyances. ERROR TO THE MONTGOMERY CIRCUIT; S. W. ROBBINS, JUDGE. This is a bill filed by Frances Gore, in which she states, that having remained with her father after the rest of the children had left him, he was pleased to devise to her, a greater portion of his estate, than fell to the rest of his... |
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Cases |
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| Governor of Missouri, to Use of Hill v. Chouteau |
1 Mo. 731, Supreme Court of Missouri (May 01, 1827) |
1827 |
This was an action of debt brought in the name of the Governor of Missouri, to the use of Hill and Keese, against Pierre Chouteau, as secourity of John R. Jones, administrator of Thomas Brady, deceased. The bond is dated 10th of November, 1821, in the penalty of $6,000, conditioned that said Jones, administrator, &c., would make an inventory of all... |
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Cases |
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| Hall v. Hall |
2 McCord Eq. 269, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) |
1827 |
The courts now adhere more strictly to the statute of frauds than formerly. Parol evidence is inadmissible to set up a parol agreement between husband and wife, to compensate the wife for consenting to renounce her dower. In what cases parol evidence is admissible as to wills. No case where the court has admitted parol evidence to add or strike out... |
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Cases |
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| Hamilton v. Hamilton |
6 Mart.(n.s.) 143, Supreme Court of Louisiana (June 01, 1827) |
1827 |
Appeal from the court of probates of the parish of West Feliciana. |
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Cases |
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| Hamrick v. Hogg |
1 Dev. 350, Supreme Court of North Carolina (December 01, 1827) |
1827 |
This action is founded on a fraud; to support it, there must be either a fraudulent misrepresentation, or a fraudulent concealment. It is not sufficient that the representation be false in point of fact; the Defendant must be guilty of a moral falsehood. The party making a representation, must know or believe it to be false, or what is the same... |
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Cases |
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| Hawkins v. Jamison |
8 Tenn. 83, Supreme Court of Errors and Appeals of Tennessee (January 01, 1827) |
1827 |
The purchaser at an execution sale, in justice as well as upon principles of public policy, is regarded with a favorable eye, and is the legal owner of the property sold under the execution, by virtue of the deed or bill of sale from the sheriff. (Acc. Lowry v. McGhee, 8 Y., 247, citing this case; Russell v. Stinson, 3 Hay., 1.) And a tender of the... |
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Cases |
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| Henry v. Felder |
2 McCord Eq. 323, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) |
1827 |
Where personal property is given by will to the first taker in words which would give an estate tail or a fee conditional at common law in lands, and is then limited over by way of executory devise to a person in esse, the limitation over is too remote and is void, and the first legatee takes an unlimited estate. Property in South Carolina cannot... |
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Cases |
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| Heron v. Bank of United States |
5 Rand. 426, Supreme Court of Appeals of Virginia (June 15, 1827) |
1827 |
By the act of 1814, a deed cannot be proved and recorded after eight months from its delivery, in the Clerk's Office; but such deed must be proved in open Court. By two Judges, of a Court consisting of three. This was an appeal from the Williamsburg Chancery Court, where the Bank of the United States filed a bill against Heron, Plume and others, to... |
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Cases |
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| Heyward v. Cuthbert |
4 McCord 354, Court of Appeals of Law and Equity of South Carolina (November 01, 1827) |
1827 |
An information before a Magistrate does not constitute such a commencement of a prosecution, as to enable the person informed against to maintain an action for malicious prosecution. The foundation of such an action is the wrong done to the person; and if he is not detained or imprisoned, the action cannot be maintained. The party must have been... |
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Cases |
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| Heyward v. Glover |
2 McCord Eq. 395, Court of Appeals of Law and Equity of South Carolina (February 01, 1827) |
1827 |
The testator first gave pecuniary legacies to be paid out of his estate in three years after his death, without interest. He then divides his estate, bonds, notes, &c. between a sister and a brother's (William) children; to each bequest the condition was attached, after paying their proportion of my debts. He then gives the residue of... |
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Cases |
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| Hillhouse v. Dunning |
6 Conn. 391, Supreme Court of Errors of Connecticut (June 01, 1827) |
1827 |
A libel is a malicious defamation, expressed in print or writing, or by signs or pictures, tending to blacken the memory of the dead, with an intent to provoke the living, or to injure the reputation of one who is alive, and thereby expose him to public hatred, contempt or ridicule. A vein of irony runs throughout this publication; but... |
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Cases |
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| Hill's Ex'rs v. Hill |
4 McCord 277, Court of Appeals of Law and Equity of South Carolina (June 01, 1827) |
1827 |
Though the court of law has not the power to enforce an election, it may determine from the facts of the case whether the party has elected, and settle the rights of the parties accordingly. |
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Cases |
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| Holliday v. Eastwood |
1 Dev. 157, Supreme Court of North Carolina (June 01, 1827) |
1827 |
A sale under a venditioni exponas of lands, or with or without a venditioni, of goods levied on under a fi. fa. is an act done in execution of the authority given by the writ under which the levy was made. Therefore, when such a sale was made in 1820, under a levy made before, it was held, that the Sheriff's refusal to pay over the money raised by... |
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Cases |
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| Holliday v. Hickman |
6 T.B.Mon. 376, Court of Appeals of Kentucky (December 29, 1827) |
1827 |
Holliday and others, as complainants, brought a bill in chancery, claiming a division of the estate of James Hickman, as in case of his intestacy, but if the will which was asserted by the defendants, James, Joel and Richard, should be established, then for a division according to the will. Matter of the bill for distribution. Jomes, Joel and... |
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Cases |
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| Hooks v. Sellers |
1 Dev.Eq. 61, Supreme Court of North Carolina (June 01, 1827) |
1827 |
I can see no grounds upon which the report of the Master can be sustained. That no cause is assigned, why items originally inserted in an account, were obliterated, is certainly a very insufficient reason for reinstating them, in the absence of all evidence to prove the propricty, of originally inserting them. As to the objection that the report... |
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Cases |
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| Hough v. Evans |
4 McCord 169, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) |
1827 |
The concealment of a circumstance, which materially impairs the value of an article sold, is fraudulent, and though the vendor at the time of sale refused to warrant the soundness, yet the vendee may recover in an action of deceit. |
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Cases |
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| Hudnal v. Wilder |
4 McCord 294, Court of Appeals of Law and Equity of South Carolina (June 01, 1827) |
1827 |
The Statutes of the 13th and 27th Eliza. against Frauds, only enacts the principles of the Common Law. It is not the act of conveying voluntarily which renders the deed void, but the intention with which it is done. Fraud always to be inferred from the circumstances. Trustees of Holman vs. Greenwood, 1 Bay. 173, not a case of authority. When a... |
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Cases |
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| Hunter v. Fulcher |
5 Rand. 126, Supreme Court of Appeals of Virginia (March 22, 1827) |
1827 |
A notice to take depositions is insufficient, if it omits the place where the depositions are to be taken; nor, if the Magistrates meet on the day appointed, can they resume the taking of depositions at any future day, without an adjournment to such day. A law of another State is sufficiently authenticated under the Act of Congress, if it has the... |
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Cases |
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| In re Howard's Will |
5 T.B.Mon. 199, Court of Appeals of Kentucky (June 19, 1827) |
1827 |
Attestation. Capacity of Testators. Subscribing Witnesses. APPEAL FROM THE JESSAMINE COUNTY COURT. On the 19th February, 1827, a paper purporting to be the last will and testament of Alsey Howard, then recently dead, was produced in the county court of Jessamine, and offered for probate, by Mrs. Sarah Howard, the executrix and sole devisee, named... |
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Cases |
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| Inlow v. Com. |
6 T.B.Mon. 72, Court of Appeals of Kentucky (October 23, 1827) |
1827 |
Deeds. Donations. Possession. Conveyances. ERROR TO THE BOURBON CIRCUIT; GEORGE SHANNON, JUDGE. In November, 1821, A. B. S. Inlow was appointed by the county court of Bourbon, guardian for Greenberry Thomas, an infant under the age of twenty-one years, and thereupon the said Inlow, together with Samuel Thomas and William Duncan, his sureties,... |
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Cases |
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| Jackson ex dem. Loucks v. Churchill |
7 Cow. 287, Supreme Court, New York (January 01, 1827) |
1827 |
Demand of dower is not necessary to warrant an action for it. A devise or bequest to the widow, in lieu of dower, and which is accepted by her, is a good bar. That a devise to the widow was intended to be in lieu of dower, may be inferred from the provisions of the will; as where it is inconsistent with the claim of dower. But the incongruity must... |
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Cases |
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| Jackson ex dem. Loucks v. Churchill |
7 Cow. 287 (January 01, 1827) |
1827 |
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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| Johnson v. Field |
5 Mart.(n.s.) 635, Supreme Court of Louisiana (April 01, 1827) |
1827 |
Appeal from the court of the second district. |
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Cases |
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| Johnston v. Kirkland |
6 Mart.(n.s.) 344, 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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| Jones v. Mason |
5 Rand. 577, Supreme Court of Appeals of Virginia (August 21, 1827) |
1827 |
When a cause is set down for hearing by consent, upon bill and answer, the answer is to be taken as true. Where a legacy is given to a child, and afterwards an advancement is made to that child, such advancement shall be taken as a satisfaction of the legacy; but this presumption may be rebutted by evidence. The rule that the thing advanced must be... |
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Cases |
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| Jones v. Watkins |
1 Stew. 81, Supreme Court of Alabama (January 01, 1827) |
1827 |
THESE were appeals from decrees of the Circuit Court of Madison county, sitting in Equity. The main points being the same in all the cases, they were all taken up for argument at the same time. |
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Cases |
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| Jouitt v. Gaither |
6 T.B.Mon. 251, Court of Appeals of Kentucky (December 03, 1827) |
1827 |
Mortgages. Decrees--Final and Interlocutory. Practice. ERROR TO THE WASHINGTON CIRCUIT; WILL. L. KELLY, JUDGE. Stephen Cocke became the surety of Jouitt, in a note to Richard Jones, for five hundred dollars. Cocke afterwards died, and Gaither administered on his estate. To secure Gaither, as the administrator of Cocke, against the debt for which... |
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Cases |
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| Kellar v. Beelor |
5 T.B.Mon. 573, Court of Appeals of Kentucky (October 11, 1827) |
1827 |
Executors. Distributees. Parties. Husband and Wife. Auditors. Practice. Error. Interest. ERROR TO THE JEFFERSON CIRCUIT, JOHN P. OLDHAM, JUDGE. This is a suit in chancery, brought by the widow of Charles Beelor, deceased, against his administrator, to have an account and distribution of his estate. It was once before in this court, and reversed on... |
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Cases |
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| Kimborough v. Davis |
1 Dev.Eq. 71, Supreme Court of North Carolina (June 01, 1827) |
1827 |
An executory contract made in consideration of an intended marriage, whereby the parties covenant to make a provision for an illegitimate child of the wife, will, under the act of 1799, be protected in a Court of Equity--and its specific execution enforced, in favor of such child, against the husband. The original bill charged, that the Defendant... |
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Cases |
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| Lacroix v. Coquet |
5 Mart.(n.s.) 527, Supreme Court of Louisiana (April 01, 1827) |
1827 |
Appeal from the court of the first district. |
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Cases |
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| Lacroix v. Menard |
6 Mart.(n.s.) 98, 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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| Lawless v. Blakey's Adm'r |
4 T.B.Mon. 488, Court of Appeals of Kentucky (April 26, 1827) |
1827 |
Statement. This is a bill brought to settle the accounts for money lent and the usury received thereon, and praying a decree for the restoration of the usurious interest. The court below decreed in favor of the complainant, and each party has appealed. Part of the money was recovered from the complainants intestate, by a judgment, and it is... |
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Cases |
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| Lee's Heirs v. Lee's Ex'r |
4 McCord 183, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) |
1827 |
Excentricity however great, is not sufficient to invalidate a Will. The mind is presumed to be sound until the contrary is clearly proved. Nor is it sufficient to shew that the imagination of the testator was generally disturbed with a strange belief in witches, devils, and evil spirits, which he fancied continually worried him, and that he lived... |
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Cases |
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| Levesque v. Anderson |
6 Mart.(n.s.) 293, 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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