TitleCitationYearSummaryMost RelevantTypeStatus
Mann v. Trabue 1 Mo. 709, Supreme Court of Missouri (April 01, 1827) 1827 This was an action of covenant, brought by Trabue against Mann; verdict and judgment for the plaintiff in the court below. The case appears to be, that Mann made his covenant to Trabue, in substance, as follows, to-wit: On the first day of June next I promise to pay C. C. Trabue, or order, two hundred dollars, and on or before the 25th of December...   Cases  
Martel v. Tureaud's Estate 6 Mart.(n.s.) 118, Supreme Court of Louisiana (June 01, 1827) 1827 Appeal from the court of probates of the parish of St. James.   Cases  
Martin v. Latta 4 McCord 128, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) 1827 If the administrator plead the plea of plene administravit and shews that he has administered all the assets, the plaintiff may allege that there are lands, and it has been the practice to suffer the plaintiff to take judgment against the lands. He thought that proceeding very proper, but the heir should have notice. He should have the opportunity...   Cases  
Mathurin v. Livaudais 5 Mart.(n.s.) 301, Supreme Court of Louisiana (January 01, 1827) 1827 Appeal from the court of probates of the parish and city of New-Orleans.   Cases  
Mayo v. Feaster 2 McCord Eq. 137, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) 1827 None but those entitled to the inheritance can sue for waste. The court will not construe words renouncing dower according to the act, to mean inheritance. The formalities to release inheritance by a feme covert must be complied with. The court cannot give to a deed a more extended operation than the natural and legal import of the words authorize....   Cases  
McBroom v. Rives 1 Stew. 72, Supreme Court of Alabama (January 01, 1827) 1827 THE object of this case is to determine to whom Wm. M'Broom, late sheriff of Madison county, shall pay a sum of money made by a sale of the property of one Egbert Harris; which was levied on and sold by virtue of two executions, one in favor of said Simon Turner, and the other in favor of the said Francis E Rives, the amount of the money being...   Cases  
McCaw v. Blewit 2 McCord Eq. 90, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) 1827 Property in hotchpot how to be valued. What are advancements. Decree of the chancellor on facts is generally conclusive. The answer of the defendant, who was called upon to state what advancements had been made to him, that a certain note had been given in settlement of all advances is conclusive, unless rebutted by two witnesses, or one witness...   Cases  
McCluney v. Lockhart 4 McCord 251, Court of Appeals of Law and Equity of South Carolina (June 01, 1827) 1827 The doctrine that where a parent suffers property to go and remain in the possession of a married child, a parol gift is presumed, applies as well, where the property goes into the possession of the child at marriage as afterwards. It is always a question of fact to be determined under all the circumstances, whether a gift was intended or not. The...   Cases  
McCracken's Heirs v. McCracken's Ex'rs 6 T.B.Mon. 342, Court of Appeals of Kentucky (December 15, 1827) 1827 Virgil M'Cracken was killed in January, 1813, in the battle of Raisin. His last will and testament, bearing date in November, 1812, was duly proved and admitted to record in Woodford county court, in April, 1813, and Andrew M'Knight and Nathaniel Hart, two of the three executors appointed therein, obtained letters of probate, the other executor has...   Cases  
McDonald v. Crockett 2 McCord Eq. 130, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) 1827 Objection to the jurisdiction not to be made after a decree by the chancellor. Permitting personal property to go into possession of a daughter on her marriage, and to remain there a considerable time, raises the presumptiou of a gift. If any condition is attached to the gift, it must be expressed at the time the possession is changed. Where a deed...   Cases  
McDowell's Adm'rs v. Lawless 6 T.B.Mon. 139, Court of Appeals of Kentucky (October 27, 1827) 1827 The complainant below, now defendant in error, filed his bill, setting up two lost bonds or notes, executed to him by William M'Dowell and Samuel J. M'Dowell, and recovered a decree. Object of the bill; defendants made, and defect of parties. When he filed his bill William M'Dowell was dead, and Samuel was his executor, and in that capacity as well...   Cases  
McMicken v. Smith 5 Mart.(n.s.) 427, Supreme Court of Louisiana (March 01, 1827) 1827 Appeal from the court of the third district.   Cases  
Millaudon v. Percy 5 Mart.(n.s.) 551, Supreme Court of Louisiana (April 01, 1827) 1827 Appeal from the court of the first district.   Cases  
Mitchell v. Warden 5 T.B.Mon. 261, Court of Appeals of Kentucky (June 28, 1827) 1827 Warden sued a warrant from a justice against Mitchell, to answer for non-payment of a debt due on an account for fifty dollars--and had judgment for thirty-two dollars fifty cents. Mitchell appealed to the circuit court. Case before the justice of the peace; his judgment, and the appeal. On the trial of the appeal, Warden, to support his claim so...   Cases  
Moore v. Tanner's Adm'r 5 T.B.Mon. 42, Court of Appeals of Kentucky (June 01, 1827) 1827 John Tanner, whilst residing in the Territory of Louisiana, and District of Cape Girardeau, brought two actions at law, against Moore, in the circuit court of Caldwell county, in this state; and at the June term of 1812, of that court, recovered judgment in each case, for six hundred and sixty-six and two-thirds dollars and cost. Tanner, the...   Cases  
Murphey v. Barron 1 H. & G. 258, Court of Appeals of Maryland (June 01, 1827) 1827 The action for money had and received, is an equitable action, and equally as remedial in its effects as a bill in equity. If one man takes another's money to do a thing, and he refuses to do it, it is a fraud; and it is at the election of the party injured, either to affirm the agreement, by bringing an action for the nonpayment of it; or to...   Cases  
Myers v. Myers 2 McCord Eq. 214, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) 1827 A devise to grand-children, without any definite future period fixed for distribution, vests only in such grand-children as are in esse at the death of the testator. When the father is in indigent circumstances, and his children wealthy, the court will allow for maintenance; otherwise the parent must support his children. Expenses of education...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Newnan v. Wood 8 Tenn. 190, Supreme Court of Errors and Appeals of Tennessee (January 01, 1827) 1827 This Court is of opinion that the Court below erred in rejecting the evidence offered by the plaintiff in error, under the plea of set-off, upon the sole ground that no proof could be admitted of claims originating prior to the date of the award. If Newnan had a claim which constituted a legal ground of set-off under his plea, and which was not...   Cases  
Ogden v. Saunders 25 U.S. 213, Supreme Court of the United States (February 19, 1827) 1827 ERROR to the District Court of Louisiana. This was an action of assumpsit, brought in the Court below by the defendant in error, Saunders, a citizen of Kentucky, against the plaintiff in error, Ogden, a citizen of Louisiana. The plaintiff below declared upon certain bills of exchange, drawn on the 30th of September, 1806, by one Jordan, at...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Overton v. Gervais 5 Mart.(n.s.) 682, Supreme Court of Louisiana (April 01, 1827) 1827 Appeal from the court of the first district.   Cases  
Patterson v. Devlin McMul.Eq. 459, Court of Appeals of Equity of South Carolina (June 01, 1827) 1827 1. A tenant for life, is entitled to the use of, or interest of money, only; and must account to the remainderman for the principal; he must also account to the remainderman, for the value of things necessarily consumable in the use, as corn, pork, oats, &c. He is, also, bound for things necessarily wearing out in the use, and which will be...   Cases  
Pawling v. Speed's Ex'r 5 T.B.Mon. 580, Court of Appeals of Kentucky (October 12, 1827) 1827 Case stated. In January, 1821, William Pawling, an administrator de bonis non, of the estate of William Pawling, deceased, exhibited his bill against Henry Speed and John Speed, executors of James Speed, deceased, for damages, for the breach of an obligation executed by James Speed to Henry Pawling, and by Henry Pawling assigned to William Pawling,...   Cases  
People v. Whipple 9 Cow. 707, Supreme Court, New York (August 01, 1827) 1827 It is the nature of the crime, not the punishment, which determines whether a convict is an admissible witness. A conviction of treason, felony or any species of the crimen falsi, render he convict incompetent to testify. But to render him incompetent, the judgment as well as the conviction must be proved. The principal is a competent witness...   Cases  
People v. Whipple 9 Cow. 707 (August 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...   Trial Court Orders  
Perrie v. Williams 5 Mart.(n.s.) 694, Supreme Court of Louisiana (May 01, 1827) 1827 Appeal from the court of the third district.   Cases  
Phaelon v. Perman 2 McCord Eq. 423, Court of Appeals of Law and Equity of South Carolina (February 01, 1827) 1827 The husband is not liable for a debt of his wife's, not recovered before her death, though he received an estate by her. The marital rights of a husband cannot attach on the property of a deceased wife, where there are other next of kin, until partition is made. A cestui que trust has no lien on the trustee's estate for a breach of trust.   Cases  
Picket v. Johns 1 Dev.Eq. 123, Supreme Court of North Carolina (December 01, 1827) 1827 Upon a bill filed in this State, to execute a decree made in South Carolina, it was held, TAYLOR Chief-Justice dissentiente, that the Courts of this State have a right to examine into the merits of the decree as upon a bill of review. Where a resident of South-Carolina, upon separating from his wife, gave her a post mortem bond for her own benefit,...   Cases  
Pike v. Armstead 1 Dev.Eq. 110, Supreme Court of North Carolina (December 01, 1827) 1827 A subsequent mortgagee, whose deed is duly registered, is bound by a prior unregistered one, of which he had notice. If a mortgagee, for the purpose of keeping up the mortgagor's credit, suffers his deed to remain unregistered, it seems not to be fraudulent per se; but its character depends upon the intent. It is not fraudulent as to one who knows...   Cases  
Police Jury v. Hampton 5 Mart.(n.s.) 389, Supreme Court of Louisiana (February 01, 1827) 1827 Appeal from the court of the first district.   Cases  
Postmaster General v. Munger 2 Paine 189, Circuit Court, SD New York (January 01, 1827) 1827 Error to the district court of the United States for the Southern district of New York. The action in the district court was founded on a bond bearing date the 12th of February, 1812, in the penalty of $500, conditioned for the faithful discharge of the duties of postmaster by David Nott, and to pay over to the postmaster-general all moneys that...   Cases  
Raborg's Adm'x v. Hammond's Adm'r 2 H. & G. 42, Court of Appeals of Maryland (June 01, 1827) 1827 The opinion of the county court, on the first bill of exceptions, being concurred in by consent, we approach the consideration of the question arising on the second bill of exceptions, not without a just sense of its intrinsic difficulty, and the important consequences which may result from its determination, let that determination be what it may....   Cases  
Reigart v. McGrath Supreme Court of Pennsylvania (June 06, 1827) 1827 It is not disputed, that in respect to the power in question, the legislature has put the clerk of the mayor's court of this city on a footing with the prothonotaries of the common pleas; and these have express power to administer the oath by the terms of the arbitration act. The question, then, is, whether this power may be delegated; and the case...   Cases  
Richard's Adm'r v. Porter's Heirs 6 T.B.Mon. 1, Court of Appeals of Kentucky (October 15, 1827) 1827 In September, 1805, John Porter and William Markman, executed their covenant to Wm. L. Richards, to pay him five hundred and twenty-five dollars, in horses, on or before the first day of September ensuing. Covenant of Porter and Markham to Richards. In November, 1808, Wm. Warren, administrator of Wm. L. Richards, deceased, sued the obligors in this...   Cases  
Ripitoe v. Hall 1 Stew. 166, Supreme Court of Alabama (January 01, 1827) 1827 DAVID RIPITOE, on the complaint of Dixon Hall, was summoned to the County Court of Montgomery county, to shew cause why his letters of guardianship on the estate of Wesley D. Hall, should not be revoked. Charges and specifications were made as follows: 1. A general charge of mismanagement of the property and illegal conduct as guardian. First, In...   Cases  
Roberts v. Kinchen 5 Mart.(n.s.) 419, Supreme Court of Louisiana (March 01, 1827) 1827 Appeal from the court of the eighth district.   Cases  
Roberts v. Sayre 6 T.B.Mon. 188, Court of Appeals of Kentucky (December 01, 1827) 1827 Mortgages. Consideration. Sureties. Replevin Bonds. Judgments. Co-obligors. APPEAL FROM THE FAYETTE CIRCUIT; JESSE BLEDSOE, JUDGE. Statement. James Roberts and John B. Wilkerson, became sureties for Walker B. Wilkerson, to Wilkerson's executors, in a note securing the payment of $2,400, and Walker B. Wilkerson executed to his sureties, a mortgage...   Cases  
Robertson v. Archer 5 Rand. 319, Supreme Court of Appeals of Virginia (June 12, 1827) 1827 2. The Court of Chancery ought not to have sustained this bill, because of the long delay, and implied admissions of John Archer of Amelia. Bolling v. Bolling, 5 Munf. 334; Hercy v. Dinwoody, 4 Bro. Ch. Cas. 257. In Jones v. Fitzgerald, 1 Munf. 150, a neglect of seven years was sufficient to exclude interest. Here interest is charged for a much...   Cases  
Ross v. Wells 1 Stew. 139, Supreme Court of Alabama (January 01, 1827) 1827 ASSUMPSIT in the Circuit Court of Wilcox county, by Wells against Ross and wife on a promissory note made by Mrs Ross, while sole and William J. M'Carroll payable to Wells. The writ issued against Ross and wife and M'Carroll jointly, not being executed on M'Carroll, the suit was discontinued as to him. Issues on the pleas of non assumpsit, failure...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Sanders' Heirs v. Norton 4 T.B.Mon. 464, Court of Appeals of Kentucky (April 24, 1827) 1827 Constitutional Law. Occupant Laws. Sheriffs' Sales of Lands. Computation of Time. ERROR TO THE PENDLETON CIRCUIT; JOHN TRIMBLE, JUDGE. On a bond with security given by the plaintiffs, to secure a sum recovered for improvements, after judgment of eviction under the occupying claimant laws, in the county of Pendleton, the defendant in error issued...   Cases  
Sanderson's Ex'rs v. Marks 1 H. & G. 252, Court of Appeals of Maryland (June 01, 1827) 1827 A surety in a replevin bond is not a competent witness for the plaintiff in replevin. The bill of sale of a sheriff for chattels levied on and sold by him, is improper testimony in itself, however it may be considered, accompanied by proof of the sheriff's authority to sell the property it professed to convey. All the testimony offered by the...   Cases  
Saul v. His Creditors 5 Mart.(n.s.) 569, Supreme Court of Louisiana (April 01, 1827) 1827 Appeal from the court of the first district.   Cases  
Screven v. Bostick 2 McCord Eq. 410, Court of Appeals of Law and Equity of South Carolina (February 01, 1827) 1827 Before a creditor can resort to equity to obtain relief out of the assets of his debtor, he must shew that he has obtained judgment at law, and that execution cannot be made at law, and that it cannot be enforced without the aid of equity. If a creditor wants relief touching the personal assets of his debtor, he must show that he has taken out...   Cases  
Shanks v. Chambless Walker 249, Supreme Court of Mississippi (December 01, 1827) 1827 Although a tenancy in common may be created by a deed or will, yet effect sball be given to words of survivorship, if there is a time to which such words may be applied.   Cases  
Shearman v. Christian 6 Rand. 49, Supreme Court of Appeals of Virginia (November 05, 1827) 1827 This is a bill filed by Christian and others, as next of kin and distributees of John Fleet, against Martin Shear man, to set aside a Deed and Will executed by Fleet, conveying and devising all his estate, real and personal, to the said Shearman. The bill charges, that Fleet was, at the time of executing the Deed and Will, and had long been,...   Cases  
Shirley v. Long 6 Rand. 735, Supreme Court of Appeals of Virginia (August 22, 1827) 1827 When a debtor takes the insolvent oath, and delivers in a schedule, the Sheriff is vested, by the Act of Assembly, with all the insolvent's estate, rights and interests, whether they are named in the schedule, or not, and whether the property be in the possession of the debtor, or in that of any other person. The clause of the Act, for such...   Cases  
Slaughter v. Froman 5 T.B.Mon. 19, Court of Appeals of Kentucky (May 30, 1827) 1827 Statement of the facts. William Miner departed this life intestate, and administration of his estate was granted to his widow, Hannah Miner, and James Slaughter jointly, and they entered into a joint administration bond, with Jeremiah Brown and Will W. Mason, as sureties, for the due and faithful administration of the estate. The widow, some time...   Cases  
Smith v. Bell 8 Tenn. 302, Supreme Court of Errors and Appeals of Tennessee (July 01, 1827) 1827 An unlimited power of disposition given by will carries the absolute interest in the property. (Secus, if power dependent on contingency. Pillow v. Rye, 1 Sw., 185.) Therefore, an executory limitation by will, after an unlimited power of disposal given to the first taker, is nugatory. (Acc. Bean v. Myers, 1 Cold., 228; Sevier v. Brown, 2 Sw., 116;...   Cases  
Smith v. Daniel 2 McCord Eq. 143, Court of Appeals of Law and Equity of South Carolina (May 01, 1827) 1827 The remedies of a remainder-man against the tenant for life of real or personal property. A tenant for life of real or personal property is a trustee for the remainderman, and the court may take all necessary steps to prevent or restrain an abuse of his trust; as giving security to produce the property at the end of the life estate, &c. Where a...   Cases  
Smith v. Peyton 6 T.B.Mon. 263, Court of Appeals of Kentucky (December 04, 1827) 1827 Decrees. Judicial Sales. Choses in Action. Statutes. Executions. Husband and Wife. ERROR TO THE OHIO CIRCUIT; ALNEY M'LEAN, JUDGE. Peyton had judgment against Smith for eighty dollars, and costs, and execution returned no property found. Thereupon Peyton exhibited his bill against Smith, and the executors of William Grant, for the purpose of...   Cases  
State v. Bank of Louisiana 5 Mart.(n.s.) 327, Supreme Court of Louisiana (January 01, 1827) 1827 Appeal from the court of the first district.   Cases  
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