TitleCitationYearSummaryMost RelevantTypeStatus
Williams v. Brent 7 Mart.(n.s.) 205, Supreme Court of Louisiana (September 01, 1828) 1828 Appeal from the court of the fifth districtthe judge of the 7th presiding.   Cases  
Yarborough v. President and Directors of State Bank 2 Dev. 23, Supreme Court of North Carolina (December 01, 1828) 1828 A levy made and returned, is waived by taking out an alias fi. fa. A venditioni with an alias fi. fa. clause, is the proper writ to keep up the lien created by the levy, and the relation of the process, to the teste of the original fi. fa. An alias fi. fa. although founded on one which was returned too late to hand, has a lien on...   Cases  
Yoder v. Atterburn 7 T.B.Mon. 478, Court of Appeals of Kentucky (July 01, 1828) 1828 Judgments, executions, and levy, on the estate of E. Standiford. Thomas Philips obtained four judgments and executions, against Elisha Standiford; and Samuel Churchill obtained two against the same person. These six executions were all in the hands of the sheriff at the same time, and were levied by him, on one tract of 1,500 acres of land, also...   Cases  
Adair v. McDaniel 1 Bail. 158, Court of Appeals of Law and Equity of South Carolina (January 01, 1829) 1829 The plaintiff in an execution is under no obligation to indemnify the sheriff before making a levy; nor will his refusal to do so after notice intitle a junior execution creditor, on behalf of whom an indemnity is given, to a preference over the senior execution in the proceeds of a levy made in consequence of the indemnity, although the...   Cases  
Adams v. Lewis 7 Mart.(n.s.) 400, Supreme Court of Louisiana (February 01, 1829) 1829 Appeal from the Court of the fourth District, the Judge of the third presiding.   Cases  
Aldridge v. Turner 1 G. & J. 427, Court of Appeals of Maryland (December 01, 1829) 1829 We do not perceive any error in the opinion of the court below, and the instruction given at the trial to the jury, that the plaintiffs were not entitled to recover. The guaranty by Turner, written upon the back of the promissory note, given by Egerton to the plaintiffs, of the ultimate payment of the amount, appearing to be wholly without...   Cases  
Allen v. Smith 1 Leigh 231, Supreme Court of Appeals of Virginia (May 01, 1829) 1829 (Absent Coalter and Green, J.) The statute against buying and selling pretensed titles, does not prohibit the sale and purchase of equitable rights in land. In a sale of lands by a collector of taxes imposed by the act of congress of 1798, the collector must comply strictly with the requisitions of the act, in his proceedings preparatory to the...   Cases  
Allender v. Riston 2 G. & J. 86, Court of Appeals of Maryland (December 01, 1829) 1829 We are here in a Court of Law, and not in a Court of Equity, endeavoring to fix a trust on the purchaser, as was the case of Hill vs. Simpson, 7 Vesey, jr., cited by Mr. Scott, and we are to be governed by the rules of law. Now what is the rule applicable to this case? It is this. An executor or administrator can sell or convey all the personal...   Cases  
Alston v. Foster 1 Dev.Eq. 337, Supreme Court of North Carolina (June 01, 1829) 1829 It is unnecessary to examine into the fraud charged upon Huckaby, in affecting the Sheriff's sale, under which he claims a part of the property. For by it he certainly acquired no title, be it ever so fair, as the executor of Hill had, before the issuing of the execution under which the sale was made, assented to the legacy to Hill's widow for...   Cases  
American Fur Co. v. U.S. 27 U.S. 358, Supreme Court of the United States (January 01, 1829) 1829 WRIT of error from the district court of the United States for the district of Ohio. In the district court of Ohio, the district attorney filed, on behalf of the United States, a libel or information, stating that on the twenty-third day of September, in the year of our lord one thousand eight hundred and twenty-four, at and within the district of...   Cases  
Anderson v. Leitch 1 Leigh 462, Supreme Court of Appeals of Virginia (November 01, 1829) 1829 Where county court overrules motion for award of execution on forthcoming bond, on particular ground, which renders all other defence unnecessary, and this judgment is reversed by circuit court for error in the particular point; held, circuit court ought not to proceed to award of execution immediately, without giving defendant opportunity to make...   Cases  
Andrews v. Ackerson 8 Mart.(n.s.) 205, Supreme Court of Louisiana (September 01, 1829) 1829 Appeal from the court of the fifth District, the judge of the District presiding.   Cases  
Balfour v. Chinn 7 Mart.(n.s.) 358, Supreme Court of Louisiana (January 01, 1829) 1829 Appeal from the court of the 3d districtthe judge of said district presiding.   Cases  
Boggs v. Reid 3 Rich. 450, Court of Appeals of Law and Equity of South Carolina (January 01, 1829) 1829 The duty of a trustee is to hold and employ the property for the benefit of the cestuique trust; but he is not authorised to encumber it with debts. Persons who deal with him must do it upon his individual credit, and not upon the credit of the trust estate. Having the management of the estate, necessarily implies a power to provide for its...   Cases  
Borroughs v. Broxon 3 Del.Cas. 217, Orphans' Court of Delaware (July 17, 1829) 1829 Appeal from the Register on an account passed June 5, 1828.   Cases  
Borroughs v. Broxon 3 Del.Cas. 217 (July 17, 1829) 1829 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  
Boulden v. Hughes 8 Mart.(n.s.) 285, Supreme Court of Louisiana (October 01, 1829) 1829 Appeal from the court of probates of the parish of Concordia.   Cases  
Brannan v. Oliver 2 Stew. 47, Supreme Court of Alabama (July 01, 1829) 1829 DYONISIUS OLIVER, a minor, by his next friend and guardian ad litem, Gorge Bowie, filed his bill in equity in Monroe Circuit Court, in April, 1823, against Mary Ann Brannan, James D. Godbold, James Wade, and Edward Stedham. To this bill Mrs Brannan, Wade and Sted ham, filed their answers. By the bill, answers, exhibits and admissions of the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Broussard v. Mallet 8 Mart.(n.s.) 269, Supreme Court of Louisiana (September 01, 1829) 1829 Appeal from the court of the fifth district, the judge of the sixth presiding. Eloi Broussard sued Antoine Mallet and Gilbert Hebert, as makers of a promissory note in solido, for $394 48, dated June 7th, 1823. Gilbert Hebert answered separately and plead minority. He admitted he signed the note sued on, as the security of A. Mallet, but that at...   Cases  
Bryan v. Bryan 1 Dev.Eq. 47, Supreme Court of North Carolina (June 01, 1829) 1829 Where land was sold for partition under the act of 1812, and the share of a feme covert paid to her husband, a Court of Equity will decree her an indemnity against him. Under such a sale, the share of a minor, not being vested according to the act, a Court of Equity will follow the property, and decree it to an heir against the administrator. A...   Cases  
Burch v. Scott 1 G. & J. 393, Court of Appeals of Maryland (December 01, 1829) 1829 A bill was filed in June, 1823, and the usual process of subpna and attachment issued, which were served on the defendant, from term to term, until March, 1824. He failing to appear, the Chancellor passed an order to take the bill pro confesso, which was also served on the defendant the 1st of May following. The cause was then proceeded in to...   Cases  
Calvet v. Calvet 8 Mart.(n.s.) 301, Supreme Court of Louisiana (October 01, 1829) 1829 Appeal from the court of probates of the parish of Rapides.   Cases  
Carmand v. Wall 1 Bail. 209, Court of Appeals of Law and Equity of South Carolina (March 01, 1829) 1829 No appeal lies from an order made by a Judge in chambers, for the discharge of an apprentice from his indentures, in pursuance of the authority specially delegated by the act of 1740. An appeal is not to be allowed from an inferior, or special tribunal, except in cases where it is expressly granted by law.   Cases  
Carrington v. Bennett 1 Leigh 340, Supreme Court of Appeals of Virginia (June 01, 1829) 1829 (Absent Brooke, P. and Cabell, J. ) Question, whether exceptions to an opinion of a court, overruling a motion for a new trial on the ground that the verdict was contrary to evidence, were well taken or not? whether the exceptions stated the facts proved, or only the evidence adduced to prove them? Debt in the county court of Halifax, brought by...   Cases  
Cato v. Easley 2 Stew. 214, Supreme Court of Alabama (July 01, 1829) 1829 IN a bill in Chancery filed in 1824, by Roderick Easley in the Washington Circuit Court, against Lewis Cato, the following facts were charged, viz: That one Wyche Cato died intestate, leaving his widow, Martha Cato, and four children, Burrell, Feraby, Franklin and Green, who were minors; that he left a considerable real and personal estate; that...   Cases  
Chase v. Elkins 2 Vt. 290, Supreme Court of Vermont (July 01, 1829) 1829 If the steers in question were the property of Samuel Chase, the father, the defendant by his precept and office had a good right to take and sell them otherwise, not. The case states, that the plaintiff bought them with the money he earned during the last year of his minority, he having first paid his father for the whole sum due him for the son's...   Cases  
CLAIM UNDER TREATY WITH SPAIN. 2 U.S. Op. Atty. Gen. 198 (March 31, 1829) 1829     Administrative Decisions & Guidance  
Clark v. Castleman 1 J.J.Marsh. 69, Court of Appeals of Kentucky (February 02, 1829) 1829 Domestic Bill of Exchange. Notice. Non-suit. Instructions. Drawer and Drawee. Allegation and Proof. ERROR TO THE FAYETTE CIRCUIT; JESSE BLEDSOE, JUDGE. On the 6th of May, 1820, the plaintiff in error drew the following order in favor of the defendant, dated at Lexington: Mr. John Fisher, sir: Please pay to David Castleman or order, three...   Cases  
Cole's Heirs v. Cole's Ex'rs 7 Mart.(n.s.) 414, Supreme Court of Louisiana (February 01, 1829) 1829 Appeal from the court of probates of the parish and city of New-Orleans.   Cases  
Com. v. Aurand Supreme Court of Pennsylvania (June 01, 1829) 1829 I consider the point made here as already determined, there being no difference between the present case and Reigart v. M'Grath, except that the necessity which dictated the practice there was not near so urgent. Were the powers of the treasurer limited to a discharge of his duties in person, the whole fiscal concerns of the government would suffer...   Cases  
Combs v. Church 1 J.J.Marsh. 330, Court of Appeals of Kentucky (April 27, 1829) 1829 Statement of the case. Combs and O'Brian having moved the county court of Nelson for counter security, by the administratrix and administrator of Luke Church, for whom they were securities, or for such an order as might relieve from unnecessary danger, an order was made, directing the goods, chattels and credits of the estate of Luke Church, to be...   Cases  
Commonwealth v. Wood 1 J.J.Marsh. 310, Court of Appeals of Kentucky (April 23, 1829) 1829 Statute. Covenant. APPEAL FROM THE GENERAL COURT; HENRY PIRTLE, JUDGE. First sec. of session acts 1820, 1 Dig. p. 859. It shall be the duty of the secretary of state, by and with the advice and consent of the Governor, for the time being, to sell or exchange such portion of the decisions of the court of appeals, now published, or which may...   Cases  
Crow v. Crow 1 Leigh 74, Supreme Court of Appeals of Virginia (February 01, 1829) 1829 The sole question presented to the court, is, Whether, under the words of the will, the children of William Crow deceased, will take per capita, equal shares with Thomas, Moses and John, the children of the testator, or per stirpes, the share of their father, as the children of Mrs. Jones and Mrs. Crane take? In the construction of wills, I think...   Cases  
Crymes v. Day 1 Bail. 320, Court of Appeals of Law and Equity of South Carolina (December 01, 1829) 1829 A sale to an infant, by a person of full age, divests the title of the latter; nor will his retaining, or afterwards coming into possession of the property, as guardian of the infant, authorize him to rescind the sale. The property of a defendant, who has come of age, may be levied on whilst it remains in the possession of his guardian: if the...   Cases  
Daniel v. Daniel 2 J.J.Marsh. 52, Court of Appeals of Kentucky (June 25, 1829) 1829 The only point in this case, is, whether the chancellor should decree a new trial at law, on the discovery of additional witnesses, to prove a fact which was involved in the issue, on the trial. A new trial never granted upon the mere discovery of witnesses to a fact involved in the issue, and actually determined by former trial. It is a general...   Cases  
Davis v. Ballard 1 J.J.Marsh. 563, Court of Appeals of Kentucky (June 17, 1829) 1829 Writ of Error. Limitation. Statute. Constitution. Jurisdiction. Covenant. Pleading. ERROR TO THE MADISON CIRCUIT; GEORGE SHANNON, JUDGE. On the 23d of November, 1818, Davis and Ballard entered into a written contract by which Davis agreed to convey certain lands to Ballard, who stipulated to pay $35 per acre therefor, as far as 200 acres, but all...   Cases  
Dehaven v. Sterrit 3 J.J.Marsh. 27, Court of Appeals of Kentucky (December 18, 1829) 1829 Edward Dehaven, having bought of William Hargis, three small tracts of land (one of 50 acres, one of 200, and one of 250 acres), received from him a deed, on the 12th of March, 1801, conveying all his title in them to him. Dehaven sold, and conveyed to James Moorman 125 acres of this land, for $737.50, and to John Moorman 75 acres, for $262.50....   Cases  
Delacroix v. Cenas' Heirs 8 Mart.(n.s.) 356, Supreme Court of Louisiana (December 01, 1829) 1829 Appeal from the court of the first district.   Cases  
Delancy v. Grymes 7 Mart.(n.s.) 457, Supreme Court of Louisiana (February 01, 1829) 1829 Appeal from the court of probates of the parish and city of New-Orleans.   Cases  
Denson v. Sledge 2 Dev. 136, Supreme Court of North Carolina (June 01, 1829) 1829 The Sheriff is the officer constituted by law to execute the process of the Court. It is his duty to execute it with due diligence and reasonable promptitude. It is laid down in Bac. Abr. (Sheriff N.) and the position has been recognized by this Court, in the case of Lindsay's Ex'rs. v. Armfield, (3 Hawks, 548,) that he is bound to execute all...   Cases  
Dismukes v. Musgrove 8 Mart.(n.s.) 375, Supreme Court of Louisiana (December 01, 1829) 1829 Appeal from the court of the eighth district, the judge of the third presiding.   Cases  
Donaldson v. Dorsey's Syndic 7 Mart.(n.s.) 376, Supreme Court of Louisiana (January 01, 1829) 1829 Appeal from the court of the first district.   Cases  
Dorothee v. Coquillon 7 Mart.(n.s.) 350, Supreme Court of Louisiana (January 01, 1829) 1829 Appeal from the parish court of the parish and city of New Orleans.   Cases  
Dreux v. His Creditors 7 Mart.(n.s.) 635, Supreme Court of Louisiana (April 01, 1829) 1829 Appeal from the court of the first district.   Cases  
Ducrest's Heirs v. Bijeau's Estate 8 Mart.(n.s.) 192, Supreme Court of Louisiana (September 01, 1829) 1829 Appeal from the court of the fifth district, the judge of the district presiding. Martha Castille married Laurent Ducrest, in 1787 and had issue two sonsJoseph married Zelia Guidry and had issue two sons, Nicholas and Joseph Ducrest who are minorstheir father is now dead.Laurent Ducrest died in 1805-6 leaving a large estate in...   Cases  
Dunn v. Amey 1 Leigh 465, Supreme Court of Appeals of Virginia (November 01, 1829) 1829 Testator, in first clause of his will, appoints his ex'or and provides that no security shall be required of him, except such as shall be necessary for his just debts; and then adds, the residue of my estate I confide in him to dispose of as I shall hereafter direct; and then directs him to sell all his real estate, except a very...   Cases  
Dunn v. Holloway 1 Dev.Eq. 322, Supreme Court of North Carolina (June 01, 1829) 1829 Upon the construction given to the act of 1788, (Rev. ch. 284) for avoiding securities given upon a gambling consideration, money lost and paid cannot, at law, be recovered back. Therefore equity will not interpose to restrain the collection of a judgment, obtained on a bond void under that statute, unless it was obtained by a fraudulent...   Cases  
Edwards v. Van Bibber 1 Leigh 183, Supreme Court of Appeals of Virginia (March 01, 1829) 1829 (Absent Brooke, P. and Coalter, J.) A. by covenant in July 1779, contracts to sell land to B. for £ 3500. whereof B. pays £ 1734. in cash, and covenants to pay balance, on A's making him a conveyance; in September following, B. pays balance in full, to A. in person, and receives possession; but A. makes no conveyance; or, if he made one,...   Cases  
Ellis v. Bibb 2 Stew. 63, Supreme Court of Alabama (July 01, 1829) 1829 RICHARD ELLIS, in January 1826, filed in Franklin Circuit Court a bill in chancery against Thomas Bibb, for a discovery and relief, and to enjoin a judgment at law which Bibb had recovered against him. The cause at April term 1827, was by consent, submitted for a final decree on the bill, with the several accompanying exhibits, and the answer; and...   Cases  
Ex parte Vandersmissen 5 Rich.Eq. 519, Court of Appeals of Equity of South Carolina (March 01, 1829) 1829 Petition for leave to file a bill of review. The petitioners were defendants to the original bill, and were residents of a foreign country. A certain deed, written in the French language, on parchment, folded, but not endorsed, was sent by them, with other papers, to their counsel in this State. This deed, which was most material to the claim of...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173