| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Floyd v. Parker |
1 Paige Ch. 480, Chancery Court of New York (January 01, 1829) |
1829 |
Where there is a general residuary clause in a will, if a specific legacy is revoked, or becomes lapsed, it falls into the residue, to be disposed of under the general clause; but if the residue is given to several persons in common, and one of them dies, or his legacy is revoked, his share will go to the next of kin, and not to the other residuary... |
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Cases |
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| Foster v. Brown |
1 Bail. 221, Court of Appeals of Law and Equity of South Carolina (May 01, 1829) |
1829 |
A party to a fraud cannot avoid a title acquired by means of the fraud; nor will it affect the operation of the rule, that he sues in a representative character, if it appear that those whose interests he represents, cannot be prejudiced by it. ob. dict. All acts done by an administrator in a due and legal course of administration are valid, and... |
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Cases |
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| Freer v. Walker |
1 Bail. 184, Court of Appeals of Law and Equity of South Carolina (February 01, 1829) |
1829 |
The bond of a feme-covert is void, although she live separate from her husband at the time of the execution; and in an action on the bond the coverture may be given in evidence under a general plea of non est factum. vide Lambert v. Atkins, 2 Camp. 272. |
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Cases |
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| Gayoso v. Wikoff |
7 Mart.(n.s.) 486, Supreme Court of Louisiana (February 01, 1829) |
1829 |
Appeal from the court of the third district, the judge of the district presiding. |
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Cases |
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| Glisson v. Herrings |
2 Dev. 156, Supreme Court of North Carolina (June 01, 1829) |
1829 |
The writ is in case, in the name of the Plaintiff, as administrator of Nancy Glisson; the declaration is in detinue in Plaintiff's own right. For these variances, it is insisted by the Defendant, that judgment should be arrested. In England, for the trial of suits at Common Law, writs issue from the Court of Chancery, and they never are of record... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Gosselin v. Gosselin |
7 Mart.(n.s.) 469, Supreme Court of Louisiana (February 01, 1829) |
1829 |
Appeal from the court of the parish and city of New Orleans. |
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Cases |
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| Graves v. Graves |
1 Leigh 34, Supreme Court of Appeals of Virginia (February 01, 1829) |
1829 |
Without giving any opinion on the merits, the court denies the appeal, on the ground, that the case more aptly comes under the 4th section of the act of 1827-8. c. 25. (Sess. Acts, p. 20.) amending the laws in relation to the jurisdiction of the court of appeals: whereby it is provided, that no appeal shall be granted from any interlocutory decree... |
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Cases |
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| Griffith v. Thomson |
1 Leigh 321, Supreme Court of Appeals of Virginia (June 01, 1829) |
1829 |
This is another of that numerous class of cases, where the contest is between the alienee, heirs or devisees, of the first taker, and those who claim under a subsequent limitation, as executory devisees. In the cases of Goodrich v. Harding, 3 Rand. 280. Bells v. Gillespie, 5 Rand. 273. Broaddus v. Turner, Id. 308. Ball v. Payne, 6 Rand. 73.... |
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Cases |
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| Guphill v. Isbell |
1 Bail. 230, Court of Appeals of Law and Equity of South Carolina (May 01, 1829) |
1829 |
A trustee cannot be compelled to execute or surrender his trust otherwise than by a decree of the Court of Equity; and he may maintain trover against his cestuy que trust, for a conversion of the trust property previous to a surrender of the trust. If one purchase a chattel with the funds, and for the use of another, but take a bill of sale in his... |
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Cases |
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| Haden v. Ware |
8 Mart.(n.s.) 340, Supreme Court of Louisiana (October 01, 1829) |
1829 |
Appeal from the court of the sixth district, the judge of the court presiding. |
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Cases |
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| Hagthorp v. Hook's Adm'rs |
1 G. & J. 270, Court of Appeals of Maryland (December 01, 1829) |
1829 |
In a cause which had been set down for hearing, the Chancellor, after argument of counsel, proceeded to discuss many rules and principles of equity, and a great variety of facts, as applicable to the subject under consideration; and announced his intention at some future day to decree accordingly. To enable him to do so, he referred the cause to... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Haleys v. Williams |
1 Leigh 140, Supreme Court of Appeals of Virginia (March 01, 1829) |
1829 |
(Absent Brooke, P. and Coalter, J.) If several creditors by judgments of different dates, resort to a court of equity, for satisfaction out of an equitable interest of their debtor in real estate, they are to have satisfaction out of the fund, according to the order of their judgments in point of time, the elder being entitled to priority over the... |
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Cases |
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| Hand v. the Elvira |
Gilp. 60, District Court, ED Pennsylvania (April 14, 1829) |
1829 |
This was a libel in admiralty by Recompense Hand, Daniel Hildreth, Enoch Eldridge, John Reeve, Isaac Smith, William Curgie, Francis Elbertson, Humphrey Hughes, assignee of Simeon Palmer, Jeremiah Bennett, Aaron Bennett, Albert Hughes, and Enoch Willis against the schooner Elvira and her cargo. |
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Cases |
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| Head v. Ward |
1 J.J.Marsh. 280, Court of Appeals of Kentucky (April 20, 1829) |
1829 |
Mortgage. Mortgagor. Mortgagee. Possession of Mortgaged Property. Deeds of Trust. Fraud. Registration. Notice. Statute. ERROR TO THE JEFFERSON CIRCUIT; HENRY PIRTLE, JUDGE. These are two suits in chancery, which were consolidated in the circuit court. The first was a bill filed by Ward against Head, Hobbs & Co., and their trustees, to set aside a... |
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Cases |
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| Hector v. State |
2 Mo. 166, Supreme Court of Missouri (September 01, 1829) |
1829 |
This was an indictment for burglary. In the course of the trial, certain instructions were asked for by the prisoner's counsel and refused, and other instructions given in lieu thereof and objected to. A part of the testimony was, that about half past ten o'clock at night, when the burglary was discovered, certain persons caught Hector and began to... |
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Cases |
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| Henderson v. Wilson |
1 Dev.Eq. 309, Supreme Court of North Carolina (June 01, 1829) |
1829 |
The question to be decided is, who is entitled to the proceeds of the sale of the land devised to be sold by John Henderson's will, as the object for which the testator directed the sale cannot be accomplished. Cox, in a note to Cruse v. Barley, (3 P. Wms. 22.)--Bridgman, in his index, (Devise 3 pl. 151,) and Thomas (in a note to his edition of Co.... |
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Cases |
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| Herrington's Ex'r v. Herrington |
Walker 322, Supreme Court of Mississippi (December 01, 1829) |
1829 |
The deed of a married woman is a nullitya will probated is operative till revoked by the proper tribunal. |
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Cases |
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| Hester v. Hester |
1 Dev. 328, Supreme Court of North Carolina (June 01, 1829) |
1829 |
A breach of trust necessarily supposes, that there is a rule for the government of the trustee. The creator of the trust may prescribe what rules he pleases. In the absence of one prescribed by him, the law enjoins good faith, which includes not only what is commonly understood by honesty and integrity, but care, diligence and attention; and in... |
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Cases |
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| Hickey v. Young |
1 J.J.Marsh. 1, Court of Appeals of Kentucky (January 16, 1829) |
1829 |
Resulting Trust. Depositions. Error. Costs. Parties. Decrees. ERROR TO THE CLARKE CIRCUIT; GEORGE SHANNON, JUDGE. Allegation of Hickey's bill. The complainant below and now plaintiff in error, charges in his bill, filed in the Clarke circuit court, against Wm. Webb and Jno. Young, that in 1822, he made a parol contract with said Webb, as the agent... |
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Cases |
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| Holden v. Eaton |
8 Pick. 436, Supreme Judicial Court of Massachusetts (September 01, 1829) |
1829 |
Where no return had been made to the clerk of the District Court, of a sale of land for the United States direct tax of 1815, to enable him to give a deed to the purchaser, it was held, that in order to maintain an action by the purchaser against the collector for not causing such a return to be made, by means of which neglect the plaintiff lost... |
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Cases |
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| Honore v. Colmesnil |
1 J.J.Marsh. 506, Court of Appeals of Kentucky (June 15, 1829) |
1829 |
Partners. Partnership. Profit and Loss. Interests. Practice in Chancery. Commissioner's Report. Exceptions. CROSS WRITS OF ERRORS TO THE JEFFERSON CIRCUIT; J. P. OLDHAM, JUDGE. These are cases relating to a partnership formed for the purpose of conducting a grocery and commission business in the town (now city) of Louisville. At its formation the... |
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Cases |
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| Howard v. Schmidt |
Rich.Cas. 452, Court of Appeals of Law and Equity of South Carolina (January 01, 1829) |
1829 |
The term escheat applies, in this State, as well to personal as to real property. An administrator setting up a claim to the fund in his hands, held liable for interest pending the litigationthe claim having been decided against him. It is only where interest is actually received, and vested so as to accumulate, that an administrator is... |
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Cases |
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| Humphreys v. Collier |
1 Ill. 297, Supreme Court of Illinois (December 01, 1829) |
1829 |
It does not become important to examine critically more than one of the grounds relied on as error, to arrive at a correct determination of the present cause. The action is on an assigned note made in Missouri on the third of April, 1822, and payable five months after date. The declaration contains the usual counts on a promissory note, and avers... |
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Cases |
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| In re Elliott's Will |
2 J.J.Marsh. 340, Court of Appeals of Kentucky (October 15, 1829) |
1829 |
Will. Mental Imbecility. ERROR TO THE BRACKEN COUNTY COURT. The Bracken county court, at their May term, 1828, admitted to record a paper, purporting to be the last will and testament of Wm. Elliott, deceased. To reverse the order then made, Field and M'Clanahan, have prosecuted a writ of error, against the executor, they being entitled to a share... |
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Cases |
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| In re McDaniel's Will |
2 J.J.Marsh. 331, Court of Appeals of Kentucky (October 15, 1829) |
1829 |
Executor. Evidence. Paralysis. ERROR TO THE HARRISON COUNTY COURT. A paper purporting to be the last will and testament of Francis M'Daniel, dated 17th July, 1826, having been offered to the county court of Harrison, for probate, by William Tucker, who was nominated the executor, was rejected, on the ground that, in the opinion of the court, the... |
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Cases |
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| Ingalls v. Allen |
1 Ill. 300, Supreme Court of Illinois (December 01, 1829) |
1829 |
This was an action of slander, in which there are several counts laid in the declaration, one of which charges these words: He, (meaning the plaintiff,) forged the indorsement of a credit on a promissory note made by said defendant to said plaintiff, by which the same was changed from a greater to a less amount. The other counts are in substance... |
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Cases |
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| Jackson v. Porter |
8 Mart.(n.s.) 200, Supreme Court of Louisiana (September 01, 1829) |
1829 |
Appeal from the court of the fifth district, the judge of the district presiding. Thomas Martin of the state of Tennessee owned a tract of land, five arpents wide fronting on the Teche, on each side, and running back forty arpents each way, lying in the parish of St. Mary's, State of Louisiana. Martin appointed Isaac L. and Joshua Baker Esqrs. who... |
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Cases |
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| Jardela v. Abat |
8 Mart.(n.s.) 126, Supreme Court of Louisiana (May 01, 1829) |
1829 |
Appeal from the court of probates of the parish and city of New-Orleans. |
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Cases |
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| Jiggetts v. Davis |
1 Leigh 368, Supreme Court of Appeals of Virginia (June 01, 1829) |
1829 |
(Absent Brooke, P.) Testator having realty of his own inheritance, and personalty part acquired in his own right and part in right of his wife, devises all his worldly estate, in manner following: All the profits of my estate, after providing genteel support for my wife and daughter, to be applied to my debts; and, after debts paid, I wish my... |
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Cases |
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| Jones v. McNeil |
1 Bail. 235, Court of Appeals of Law and Equity of South Carolina (May 01, 1829) |
1829 |
The delivery of personal property by a trustee to his cestuy que trusts, will not divest the legal estate of the trustee, when such delivery is inconsistent with the directions and objects of the trust; nor will the consent of the cestuy que trusts avail to defeat the trust, and to vest the legal estate in them, whilst any of them are minors, and... |
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Cases |
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| Kessler v. McConachy |
Supreme Court of Pennsylvania (June 25, 1829) |
1829 |
We agree with the Court of Common Pleas, That the property of a stranger, found on the premises, is liable to distress by the landlord. And this on the authority of O'Donnel v. Seybert, 13 Serg. & Rawle, 57. Weidel v. Roseberry, 13 Serg. & Rawle, 180, grounded on the principles of the common law; and, as we think, the proper... |
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Cases |
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| King v. Morrison |
1 Pen. & W. 188, Supreme Court of Pennsylvania (December 01, 1829) |
1829 |
1. The first exception is that the accountants claimed, and were allowed, a credit of one thousand three hundred and ninety-seven dollars and sixty-five cents, for patenting the land of the deceased. An act of assembly, passed in 1785, had allowed those persons whose lands were unpatented, to obtain a patent, on giving to the State a mortgage for... |
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Cases |
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| Lawrence v. McFarlane |
7 Mart.(n.s.) 558, Supreme Court of Louisiana (March 01, 1829) |
1829 |
Appeal from the court of the parish and city of New-Orleans. |
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Cases |
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| Le Grand v. Darnall |
27 U.S. 664, Supreme Court of the United States (January 01, 1829) |
1829 |
APPEAL from the circuit court of the United States, for the district of Maryland. The facts of the case appear on the argument of the counsel for the appellee, and in the opinion of the Court. Mr Taney, for the appellant, submitted the case without argument; stating, that it had been brought up merely on account of its great importance to the... |
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Cases |
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| Leake v. Gilchrist |
2 Dev. 73, Supreme Court of North Carolina (June 01, 1829) |
1829 |
Real property is governed by the law of the country where the land lies; personal estate by the law of the country, where the owner has his domicil. (2 Ves. & Bea. 131.) The succession to the personal property of an intestate, is regulated by the law of that place, which was his domicil at the time of his death. For that purpose, there can be but... |
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Cases |
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| Lewis v. Beatty |
8 Mart.(n.s.) 287, Supreme Court of Louisiana (October 01, 1829) |
1829 |
Appeal from the sixth district court, the judge of the seventh presiding. |
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Cases |
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| Lewis v. Hoover |
1 J.J.Marsh. 500, Court of Appeals of Kentucky (June 15, 1829) |
1829 |
Statement of the facts. This is an action of detinue by Hoover vs. Lewis, for a promissory note for $500 in commonwealth's paper. It appears from the testimony embodied in a bill of exceptions, that Hoover held a note on Lewis, for $500, payable in notes of the bank of the commonwealth; that Lewis had proposed to execute another note for $525, in... |
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Cases |
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| Livaudais v. The America |
8 Mart.(n.s.) 166, Supreme Court of Louisiana (June 01, 1829) |
1829 |
Appeal from the court of the first district. |
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Cases |
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| Lyman v. Lyman |
2 Paine 11, Circuit Court, D Vermont (October 01, 1829) |
1829 |
In equity. |
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Cases |
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| McCalep v. Hart |
8 Mart.(n.s.) 155, Supreme Court of Louisiana (June 01, 1829) |
1829 |
Appeal from the court of the first district. |
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Cases |
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| McClanahan's Devisees v. Kennedy |
1 J.J.Marsh. 332, Court of Appeals of Kentucky (April 28, 1829) |
1829 |
Devise. Devisee. Contribution. Measure of Damages. Recovery. ERROR TO THE BOURBON CIRCUIT; GEORGE SHANNON, JUDGE. Statement of facts. On the 4th day of May, 1807, Thomas M'Clanahan made and published his last will. On the 12th of September, 1808, he annexed a codicil, and in February, 1809, the will and codicil were proved and admitted to record in... |
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Cases |
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| McRae v. Oneal |
2 Dev. 166, Supreme Court of North Carolina (June 01, 1829) |
1829 |
This is a suit for malicious prosecution. In this action, it is necessary for the Plaintiff to aver in his declaration, and to prove on the trial, that a prosecution was instituted against him by the Defendant, with malice, and without probable cause. There must be both malice, and a want of probable cause. (3 Murp. 249.) Malice is a question of... |
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Cases |
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| Meilleur v. Coupry |
8 Mart.(n.s.) 128, Supreme Court of Louisiana (May 01, 1829) |
1829 |
Appeal from the court of probates of the parish and city of New-Orleans. |
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Cases |
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| Miles v. Oden |
8 Mart.(n.s.) 214, Supreme Court of Louisiana (September 01, 1829) |
1829 |
Appeal from the court of the fifth district, the judge of the seventh presiding. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Millar v. Coffman |
7 Mart.(n.s.) 556, Supreme Court of Louisiana (March 01, 1829) |
1829 |
Appeal from the court of the first district. |
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Cases |
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| Millaudon v. Percy |
7 Mart.(n.s.) 352, Supreme Court of Louisiana (January 01, 1829) |
1829 |
This case was remanded from this court in April 1827. Vol. 5, 551. On the return of it in the district court the plaintiff filed a petition, stating that the property, the division of which through a sale, had been decreed by the judgment appealed from, had been legally sold, and nothing now remained but payment of the defendant's share which was... |
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Cases |
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| Miller v. Doxey |
Walker 329, Supreme Court of Mississippi (December 01, 1829) |
1829 |
After a trial at law, a party will not be aided by a court of chancery, unless he can impeach the justice of the verdict or report, by facts, or on grounds of which he could not avail himself at law, or was prevented from doing it by fraud or accident, or the act of the opposite party, unmixed with fault or negligence on his part. |
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Cases |
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| Miller's Ex'rs v. Miller |
1 Bail. 242, Court of Appeals of Law and Equity of South Carolina (May 01, 1829) |
1829 |
An action cannot be maintained in the Courts of this State upon a decree obtained in a Court of another State, against a defendant, who was not within the jurisdiction of such Court, and who appeared, by the proceedings, to have been made a party merely by the publication of a rule in a gazette, but had in no way appeared to, or defended the suit.... |
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Cases |
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| Morgan v. Fiveash |
7 Mart.(n.s.) 410, Supreme Court of Louisiana (February 01, 1829) |
1829 |
Appeal from the court of the third district. |
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Cases |
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| Morriss v. Barclay |
2 J.J.Marsh. 374, Court of Appeals of Kentucky (October 17, 1829) |
1829 |
On the 17th of June, 1819, Shadrack Barclay conveyed to William Morriss, all his, Barclay's interest in the estates of his deceased father and his grandfather Robert Stevens, for the consideration as expressed in the deed, of $50. On the same day, Morriss gave an obligation to Barclay, from which it appears, that he intended to bind himself to... |
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Cases |
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