TitleCitationYearSummaryMost RelevantTypeStatus
Davis v. Rowe 6 Rand. 355, Supreme Court of Appeals of Virginia (May 10, 1828) 1828 The Act of Descents of 1785, (since re-enacted at the Revisals of 1792 and 1819,) entirely repealed and abrogated the Common Law course of descents, and all the principles thereof. If an intestate dies, (without children, or their descendants, without a father, without a mother, brother, or sister, but having had a brother and a sister, both of...   Cases  
Dean's Heirs v. Dean's Ex'r 7 T.B.Mon. 304, Court of Appeals of Kentucky (June 09, 1828) 1828 The testator, Thomas Dean, married a wife, by whom he had eight children, and after her death, he married a second wife, by whom he had six children. The last wife survived him. But before his death, and on the fifth of August, 1807, he made and published, in writing, his last will and testament. After specifically devising two small tracts of land...   Cases  
Delahoussaye v. Delahoussaye 7 Mart.(n.s.) 199, Supreme Court of Louisiana (September 01, 1828) 1828 Appeal from the court of the fifth districtthe judge of the 7th presiding.   Cases  
Dickson v. Mathers Hempst. 65, Superior Court, Territory of Arkansas (October 01, 1828) 1828 Appeal from Conway circuit court.   Cases  
Dismukes v. Musgrove 7 Mart.(n.s.) 58, Supreme Court of Louisiana (June 01, 1828) 1828 Appeal from the court of the eighth district.   Cases  
Donaldson v. Hull 7 Mart.(n.s.) 112, Supreme Court of Louisiana (June 01, 1828) 1828 Appeal from the parish court of New-Orleans.   Cases  
Dunbar v. Skillman 6 Mart.(n.s.) 539, Supreme Court of Louisiana (March 01, 1828) 1828 Appeal from the court of the third district.   Cases  
Edelen's Lessee v. Smoot 2 H. & G. 285, Court of Appeals of Maryland (June 01, 1828) 1828 The court are called upon to determine what estate Joseph Boarman took under the will of his father John B. Boarman, in that part of the tract of land called Calvert's Hope devised to him. The clauses of the will, having reference in any way to this particular devise, are in the following words: Item. I give and bequeath to my beloved wife...   Cases  
Ellis v. Ellis 1 Dev.Eq. 180, Supreme Court of North Carolina (June 01, 1828) 1828 I think there can be no reasonable doubt, that the act of 1819, was made to effect the same object with the statute of frauds and perjuries, so far as it respected parol contracts, of sales of land.--The mischief here was of the same character with that ought to be remedied in England, and the full extent of ??t had recently been brought into view,...   Cases  
Faulkner's Adm'x v. Harwood 6 Rand. 125, Supreme Court of Appeals of Virginia (February 11, 1828) 1828 After a trial at Law, a Court of Equity will not grant a new trial, merely because injustice has been done; but, the party applying for the new trial, must show, that he has done every thing that could be reasonably expected from him, to obtain relief at Law. A Bill of Discovery, to obtain evidence which might have been useful in a trial at Law,...   Cases  
Fox's Adm'r v. Rootes 4 Leigh 429, Supreme Court of Appeals of Virginia (December 01, 1828) 1828 The case of Fox's adm'r v. Rootes and others was an appeal from a decree of the superiour court of chancery of Fredericksburg, which was decided in December 1828. There were only three judges present at the hearing-- Cabell, Coalter and Carr. The following is a copy of the decree: A majority of the court is of opinion, that the plaintiffs...   Cases  
Fuller v. Fowler 1 Bail. 75, Court of Appeals of Law and Equity of South Carolina (May 01, 1828) 1828 A purchaser of personal property at a sale, made by the Commissioner in Equity, for partition among distributees, cannot maintain an action at law, upon an implied warranty, against one of the distributees, who has received his share of the proceeds of the sale, although the estate has been settled, and there is no acting executor or administrator.   Cases  
GEORGIA AND THE TREATY OF INDIAN SPRING. 2 U.S. Op. Atty. Gen. 110 (July 28, 1828) 1828     Administrative Decisions & Guidance  
Glenn v. Glenn 7 T.B.Mon. 285, Court of Appeals of Kentucky (May 08, 1828) 1828 Husband and Wife. Alimony. Devises. Election. APPEAL FROM THE BULLITT CIRCUIT; PAUL I. BOOKER, JUDGE. Bill of Elizabeth Glenn. In 1822, Elizabeth Glenn, the widow of John Glenn, deceased, exhibited her bill, against Eleanor Gleen, executrix and sole devisee of John Glenn, against Silas Burks, and against the heirs of Polly Hill, who was afterwards...   Cases  
Gorton v. Barbin 7 Mart.(n.s.) 248, Supreme Court of Louisiana (October 01, 1828) 1828 Appeal from the court of the seventh district-the judge of the fifth presiding.   Cases  
Governor of Georgia v. Madrazo 26 U.S. 110, Supreme Court of the United States (January 01, 1828) 1828 THESE cases were brought before this Court, from the Circuit Court of the United States for the district of Georgia, under the following circumstances. The schooner Isabelita, a Spanish vessel, owned by Juan Madrazo, a native Spanish subject, domiciliated at Havana, was despatched by him with a cargo, his own property, in the year 1812, on a voyage...   Cases  
Granbery v. Mhoon 1 Dev. 456, Supreme Court of North Carolina (June 01, 1828) 1828 It is not controverted, that an executor derives all his powers from the will. But whether there is a will, and who is the executor thereof, are matters of ecclesiastical cognizance, and consequently, the decision of the Ecclesiastical Courts on the subject is conclusive. They adjudicate, that this is the will of A, and that B is the executor...   Cases  
Grimes v. Shrieve 6 T.B.Mon. 546, Court of Appeals of Kentucky (April 08, 1828) 1828 Usury. Leases. Rents. Parol Contracts for Land. Improvements. APPEAL FROM THE FAYETTE CIRCUIT; JESSE BLEDSOE, JUDGE. The circuit court dismissed Grimes' bill with costs, and he appealed. The principal question is, whether the transactions between complainant and defendant, grow out of a sale and purchase of the land and mills, by parol, with an...   Cases  
Groves v. Kennon 6 T.B.Mon. 632, Court of Appeals of Kentucky (April 11, 1828) 1828 Thomas and William Berry both lived and died in the state of Virginia, the former having, previous to his death, made and published his last will and testament in writing, and the latter intestate. The executor who took upon himself the execution of the will of Thomas Berry, having also died, administration de bonis non. with the will annexed, was,...   Cases  
Hammon v. Pearl 6 T.B.Mon. 410, Court of Appeals of Kentucky (January 03, 1828) 1828 Executors. Sheriffs. County Court. Wills. Accounts. Jurisdiction. Mandates. Practice. CROSS APPEALS FROM THE ROCKCASTLE CIRCUIT; JOSEPH EVE, JUDGE. William M'Elwee published his last will and testament, dated 17th June, 1810, which was proved and admitted to record in Lincoln county court, at their July term, 1810. But the will, he devises half his...   Cases  
Harris v. Amos 6 T.B.Mon. 563, Court of Appeals of Kentucky (April 08, 1828) 1828 Set-off. Consideration. Nudum Pactum. APPEAL FROM THE HART CIRCUIT COURT; BENJ. MONROE, JUDGE. This is an appeal from a decree, dis??missing a bill, which was exhibited by Harris ??against John B. Amos &c. in the circuit court. Har??is appears to have previously executed a note to ??ohn B. Amos, for $144 65, upon which note suit ??was brought, and...   Cases  
Hawkins v. Vanwickle 6 Mart.(n.s.) 418, Supreme Court of Louisiana (January 01, 1828) 1828 Appeal from the court of the fourth district   Cases  
Head's Representatives v. McDonald 7 T.B.Mon. 203, Court of Appeals of Kentucky (April 28, 1828) 1828 Evidence. Sheriff's Sales. Principal and Surety. ERROR TO THE WASHINGTON CIRCUIT; WM. L. KELLY, JUDGE. Case stated. Mudd made his note for $1,095, negotiable at the Bank of Kentucky, payable to Bigger I. Head, who endorsed it to McDonald, who endorsed it to the President, Directors and Company of the Bank of Kentucky. This note, so endorsed, and...   Cases  
Hewes v. Barron 7 Mart.(n.s.) 134, Supreme Court of Louisiana (June 01, 1828) 1828 Appeal from the court of the first district.   Cases  
Hite v. Long 6 Rand. 457, Supreme Court of Appeals of Virginia (May 28, 1828) 1828 This is an action of Trespass, instituted by James Long, against Isaac Hite, in the Superior Court of Law for Frederick County, on the 31st July, 1818. The first Declaration filed in the cause (at October Rules, 1818,) is for this: that the said Hite, with force and arms, stopped, in the highway, a waggon and team belonging to the Plaintiff, and...   Cases  
Hopewell v. Price 2 H. & G. 275, Court of Appeals of Maryland (June 01, 1828) 1828 The question presented for the consideration of the court in this case is, whether, upon a plea of property found for a defendant in replevin, he is entitled to an order in the nature of a writ of inquiry to assess the damages by him sustained in consequence of the loss of the possession by the execution of the writ of replevin? The act of assembly...   Cases  
Horsburg v. Baker 26 U.S. 232, Supreme Court of the United States (January 01, 1828) 1828 ON an appeal from the Circuit Court, for the district of Kentucky. The facts and the pleadings in the case, are fully stated in the opinion of the Court. 1. The loan made in 1784, and as further evidenced, by the deed of confirmation of 1787, was valid, as between the parties to it; and as Baker and wife are proved, in 1813, to be in possession of...   Cases  
Jackson ex dem. Church v. Hills 8 Cow. 290, Supreme Court, New York (January 01, 1828) 1828 A specialty, (e. g. a lease under seal,) cannot be impeached at law, on the ground-of fraud or misrepresentation, as to its consideration, or the motives of its execution. One in possession, though of a part only of the premises in ejectment, is not a competent witness for the defendant. Semble a verdict in ejectment is evidence in an action for...   Cases  
Jackson ex dem. Church v. Hills 8 Cow. 290 (January 01, 1828) 1828 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  
Jacob v. Pierce Supreme Court of Pennsylvania (January 01, 1828) 1828 1. The COURT erred in admitting the record of the clerk, and in the charge, as to its effect. 2. In charging, that the discharge on the Habeas Corpus was not conclusive on the parties in this suit. 3. In charging as to the kind of service of notice. It is true, that in consequence of the relation in which the plaintiff in error stood...   Cases  
Kay v. Fowler 7 T.B.Mon. 593, Court of Appeals of Kentucky (October 21, 1828) 1828 History of the usurious transactions. Kay, the plaintiff in error, placed in the hands of Benjamin Stout divers sums of money to be loaned by him as a broker; and among others, John Fowler became a borrower at different times, at the rate of two per cent per month and the half of one per cent. during the same period as commission to the broker,...   Cases  
Kenner v. Young 7 Mart.(n.s.) 53, Supreme Court of Louisiana (June 01, 1828) 1828 Appeal from the court of the first district.   Cases  
Laidler's Adm'x v. State, to Use of Hawkins 2 H. & G. 277, Court of Appeals of Maryland (June 01, 1828) 1828 The judgment of the county court must be reversed on various grounds. In the first place, the suit appears to have been brought by a creditor upon a testamentary bond, without showing any such justification for this proceeding, as is required by the act of 1720, ch. 24. In the next place there are no pleadings in the cause, which could warrant the...   Cases  
Lammott v. Gist 2 H. & G. 433, Court of Appeals of Maryland (June 01, 1828) 1828 We think Baltimore county court erred in receiving parol evidence for the purpose it was offered, as stated in the first bill of exceptions. Gist held the property leased, under Shade, and that tenancy could not be determined by a parol license to quit the premises. The agreement was, that the lease should be surrendered, and the rent discharged,...   Cases  
Liles v. Fleming 1 Dev.Eq. 185, Supreme Court of North Carolina (June 01, 1828) 1828 A post-nuptial agreement, made upon sufficient consideration, between husband and wife, will be enforced in Equity. Where there was an agreement to settle property upon the wife, and the husband, by will, bequeathed that property to a stranger, it was held, the wife having dissented from the will, that her right to a child's part of the personalty,...   Cases  
Lindley v. Sharp 7 T.B.Mon. 248, Court of Appeals of Kentucky (May 10, 1828) 1828 Usury. Mortgages. Parol Evidence. Sales. ERROR TO THE MUHLENBERG CIRCUIT; ALNEY M'LEAN, JUDGE. Allegations of Lindley's bill. John Lindley, by his bill against Sharp, charges, that Sharp loaned him, in the year 1821, the sum of five hundred and thirty dollars; and as security for repayment thereof in a month, he executed to Sharp a deed for two...   Cases  
Loftin v. Hugins 2 Dev. 10, Supreme Court of North Carolina (December 01, 1828) 1828 The levy indorsed upon the execution was an official act of the Sheriff, and one which it was his duty to make. But it was an act in pais, and the truth of it might be impeached by evidence on the other side. It was the Plaintiff's interest to establish a seizure, or a levy in fact. But in the absence of such proof, the indorsement of a levy, or...   Cases  
Martin v. Maberry 1 Dev.Eq. 169, Supreme Court of North Carolina (June 01, 1828) 1828 We cannot sustain this as a bill of Interpleader--for in such bills the equity of the Plaintiff is to be indemnified in the delivery of property, of which he is in possession, and to which he claims no right. The Plaintiff not having the possession, is unable to do the only act for which an indemnity is given. But I think that he has an equity,...   Cases  
Maupin v. Goodloe 6 T.B.Mon. 399, Court of Appeals of Kentucky (January 02, 1828) 1828 Daniel Swaney's will and testament, ??earing date in May, 1799, was duly admitted to record, in November of that year. By the first clause, he gives all his estate, real and personal, to his wife, as long as she remains single, ?? except that which shall be mentioned hereafter. He gives legacies to children, some specific, and some in money. But...   Cases  
Mayson v. Irby & Day 1 Rich. 435, Court of Appeals of Law and Equity of South Carolina (January 01, 1828) 1828 We are constrained to take a different view of this case from that which has been taken by the chancellor. It is true that our law in regard to the lodging of executions to bind the property, does differ very essentially from the common law of England, and it often causes us great regret that it is so; for it produces innumerable embarrassments,...   Cases  
Mazyck v. Vanderhorst Bail.Eq. 48, Court of Appeals of Law and Equity of South Carolina (April 01, 1828) 1828 Devise of real and personal estate to testator's daughter, and to the heirs of her body forever, but if she should depart this life leaving no lawful heir, or heirs, of her body, then over. Held, that the limitation over was good as to the personal estate, but too remote, and therefore void, as to the real estate. A...   Cases  
McCluney v. Lockhart 1 Bail. 117, Court of Appeals of Law and Equity of South Carolina (December 01, 1828) 1828 A declaration by the alleged donor of an intention to give, and subsequent possession by the donee of the thing intended to be given, are sufficient to authorize the presumption, that the gift was actually made. The Court will not consider a motion to set aside a verdict on the ground of alleged misconduct in the jury, unless the jurors have been...   Cases  
McDonough v. Tregre 7 Mart.(n.s.) 68, Supreme Court of Louisiana (June 01, 1828) 1828 Appeal from the court of the first district.   Cases  
McKane's Ex'rs v. Bonner 1 Bail. 113, Court of Appeals of Law and Equity of South Carolina (December 01, 1828) 1828 It is only in extreme cases, as where the verdict is so palpably against evidence, as to leave no doubt but that it is erroneous, that the Court will interfere with the decision of a jury upon questions of fact. Where there has been plenary proof of a gift, subsequent declarations of the donor, that a gift was not intended, are inadmissible. And...   Cases  
McMillin v. McMillin 7 T.B.Mon. 560, Court of Appeals of Kentucky (October 14, 1828) 1828 Decrees. Conveyances. Wills. Mistakes in Writings. Parol Contracts for Land. Statutes. Evidence. Bar by Lapse of Time. Possession. Limitation. APPEAL FROM THE CLARKE CIRCUIT; GEORGE SHANNON, JUDGE. History of the title to the land in contest. James McMillin, jun., obtained from the court of commissioners, appointed by Virginia to adjudicate upon...   Cases  
Meek v. Atkinson 1 Bail. 84, Court of Appeals of Law and Equity of South Carolina (May 01, 1828) 1828 A party, whilst in custody under bail process, surrendered the property in dispute, on condition, that the plaintiff would discontinue his action and discharge the costs; which condition was duly performed. The suit not being groundless, and no improper use having been made of the process to extort the surrender: Held, that the effect of the latter...   Cases  
Mendum v. Com. 6 Rand. 704, General Court of Virginia (November 01, 1828) 1828 After stating the case, he proceeded: Every error assigned has been carefully examined by the Court, as also the point which arose on the prisoner's motion to quash the Indictment. But except the first and seventh of the errors assigned, the Court see nothing whereon to raise a doubt. Whether the Superior Court of Chesterfield ought to have...   Cases  
Mockbee's Adm'r v. Gardner 2 H. & G. 176, Court of Appeals of Maryland (June 01, 1828) 1828 It is a general and familiar principle, that there exists in every sale of personal property, an implied warranty of title, and that the vendor cannot be a witness to sustain the title of his vendee. But in this case the witness had made the sale of the property in controversy as an administrator. He was a mere trustee, and in that capacity sold...   Cases  
Moore v. City of Mobile 1 Stew. 284, Supreme Court of Alabama (January 01, 1828) 1828 JOSEPH W. MOORE brought an action on the case against the mayor and aldermen of the city of Mobile, in the Circuit Court of Mobile county; and declared specially for the loss by the negligence of the defendants, of a certain quantity of gun powder, which had been delivered to them under the city ordinance, which was recited. The defendants plead...   Cases  
Morton v. Beall's Adm'r 2 H. & G. 136, Court of Appeals of Maryland (June 01, 1828) 1828 We are of opinion that the judgment in this case ought to be reversed, and a procedendo awarded. The court clearly erred in refusing to direct the jury to discard the testimony of John C. Ashcom, who was manifestly an incompetent witness in the cause. The rule now is, if it is discovered, during any part of the trial, that a witness is interested,...   Cases  
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