TitleCitationYearSummaryMost RelevantTypeStatus
Clark v. Hardiman 2 Leigh 347, Supreme Court of Appeals of Virginia (October 01, 1830) 1830 The circuit court, in giving judgment for the appellee, upon the case found in the special verdict, must, I presume, have gone upon one of two grounds; either, 1. that the possession of the widow more than five years, claiming right, gave her a title against all the world; or 2. that as the deed to William Christian, and the sale under his...   Cases  
Com. v. Cooley 10 Pick. 37, Supreme Judicial Court of Massachusetts (September 01, 1830) 1830 The indictment having alleged that the burying ground belonged to the first congregational parish in Greenfield, it is objected that no evidence was offered on the part of the government in support of the allegation. The Court are of opinion, that the allegation was unnecessary, and that it did not become material by having been introduced into the...   Cases  
Coutts v. Walker 2 Leigh 268, Supreme Court of Appeals of Virginia (June 01, 1830) 1830 (Absent Cabell, J.) A judgment has relation to the first day of the term at which it is rendered, and this relation is allowed in equity as well as at law. A judgment creditor has a lien in equity on the equitable estate of the debtor, in like manner as he has a lien at law on his legal estate. Real estate is vested in a trustee by deed of marriage...   Cases  
Craig v. Craig Bail.Eq. 102, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) 1830 A partition, irregularly made by proceedings at law, will not be disturbed, when the parties interested have acquiesced, and third persons have purchased under it. A letter containing these wordsMother, I would wish you to live upon the land that my father left me. Sell it and make use of it to the best advantage to support...   Cases  
Cummins v. Kennedy 4 J.J.Marsh. 642, Court of Appeals of Kentucky (October 22, 1830) 1830 ERROR TO THE GENERAL COURT; HENRY PIRTLE, JUDGE. In 1783, Charles Cummins and William Kennedy, made a contract in writing, whereby the former agreed to convey to the latter, four hundred acres of land in Lincoln, for eight hundred acres in Bourbon county, which the latter agreed, in like manner, to convey to him. Kennedy died before a conveyance...   Cases  
Daniel v. Holland 4 J.J.Marsh. 18, Court of Appeals of Kentucky (May 03, 1830) 1830 Trespass. Possession. Personalty. Realty. Averment. Executors. Administrators. Frand. ERROR TO THE TRIGG CIRCUIT; BEN. SHACKLEFORD, JUDGE. This is an appeal from a judgment in favor of Augustine W. Holland, for $727, rendered in an action of trespass, brought by him against George Daniel, for taking and converting to his own use, a...   Cases  
Daquin v. Coiron 8 Mart.(n.s.) 608, Supreme Court of Louisiana (March 01, 1830) 1830 Appeal from the court of the first district.   Cases  
Davidson v. Cowan 1 Dev.Eq. 470, Supreme Court of North Carolina (December 01, 1830) 1830 A judgment creditor is not affected by notice of a prior unregistered mortgage, and is, in this respect, distinguished from the vendee of the mortgagor himself. Therefore, the Court will not enjoin such creditor from selling the mortgaged premises, under his execution. The facts stated in the bill and answer were the same, as those reported in the...   Cases  
Dearmond v. Curtis 1 La. 93, Supreme Court of Louisiana (March 01, 1830) 1830 Appeal from the court of the third district, the judge of the fourth presiding.   Cases  
Dickenson v. Davis 2 Leigh 401, Supreme Court of Appeals of Virginia (November 01, 1830) 1830 If one person to whom alone the right asserted in a bill in chancery appertains, and other persons who have no right, join in the bill, and the cause be proceeded in to a decree in the court of chancery, without any objection there to the joining of improper parties plaintiffs in the bill; upon appeal from the decree to this court, the objection...   Cases  
Dugat v. Markham 2 La. 29, Supreme Court of Louisiana (September 01, 1830) 1830 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING.   Cases  
Duncan v. Mizner 4 J.J.Marsh. 443, Court of Appeals of Kentucky (October 08, 1830) 1830 Joseph Duncan died in 1822, in the county of Harrison, having first made his last will and testament, which was admitted to record in that county. Archibald Duncan, Washington Duncan and Claibourn Collier, were named as executors thereof, the first of whom alone, took upon himself the executorship. He directs by his said will, that after his death,...   Cases  
Durant v. Atkinson 2 Bail. 18, Court of Appeals of Law and Equity of South Carolina (December 01, 1830) 1830 The Court exercises a sound discretion over motions for new-trial, as a preventative of injustice arising from mistake or surprise: Thus a new trial was awarded, for the purpose of giving one of the parties leave to move the Circuit Court to rescind an order, which, there was a reasonable probability for believing, had been made under a mistake as...   Cases  
Edelen's Ex'rs v. Dent's Adm'rs 2 G. & J. 185, Court of Appeals of Maryland (June 01, 1830) 1830 The question here is a very short one. James Edelen being indebted to his sister Elizabeth Dent on a single bill, which was due before, and at the time of his death, made his will after it had become due, in which he first directs that his executors shall pay and satisfy all his just debts. He then directs, that they shall sell the whole of his...   Cases  
Edrington v. Harper 3 J.J.Marsh. 353, Court of Appeals of Kentucky (January 20, 1830) 1830 Mortgage. Conditional Sale. Parol Evidence. Baron and Feme. ERROR TO THE FRANKLIN CIRCUIT; HENRY DAVIDGE, JUDGE. Doubting the correctness of the opinion which was delivered in this case, we directed a reargument. The case has been fully argued on the rehearing; and we are still of the opinion that the contract is a mortgage, and that if it were...   Cases  
Ex parte King 2 Dev. 341, Supreme Court of North Carolina (June 01, 1830) 1830 A seizure of goods upon an execution is a constructive payment only where unless so considered an injury will occur--as where the Sheriff has seized but will not sell. But in all cases where the Defendant has recovered possession of the goods, either with or without the consent of the Sheriff, the seizure is no payment, and a new execution may...   Cases  
Felder v. Johnson 1 Bail. 624, Court of Appeals of Law and Equity of South Carolina (June 01, 1830) 1830 An authority to an attorney, to enter an appearance to an action to be commenced, given in consideration of the release of property of the party, which had been levied on by process of domestic attachment, will not be avoided for duress, after the property has been released, and the appearance entered pursuant to the authority, although the...   Cases  
Ford v. Ford 1 La. 201, Supreme Court of Louisiana (April 01, 1830) 1830 Appeal from the court of the third judicial district, the judge of the eighth presiding.   Cases  
Forsythe v. Ellis 4 J.J.Marsh. 298, Court of Appeals of Kentucky (July 07, 1830) 1830 Sheriff. Deputy. Official Bond. Waranty of Title. Agent. Sale. Purchaser. ERROR TO THE BRACKEN CIRCUIT; WM. P. ROPER, JUDGE. This case is one of the fruits of the case of McGee vs. Ellis and Browning, in IV Litt. Rep. 244. McGee having a fieri facias against Browning, delivered it to the deputy of Forsythe, (the Sheriff of Pendleton,) for levy. The...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Foster v. Wallace 2 Mo. 231, Supreme Court of Missouri (October 01, 1830) 1830 Wallace sued the Fosters, appellants, as executors of Charles Simmons, in an action of debt on a bond made by Simmons on the 18th day of February, 1824, for a sum of money to be paid on the 1st day of May, 1826. The defendants pleaded 1st, non est jactum; 2d, ne unques executors; and 3d, that Simmons died intestate, and that before the commencement...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Franklin v. Alexander 2 La. 76, Supreme Court of Louisiana (October 01, 1830) 1830 APPEAL FROM THE COURT OF THE SEVENTH JUDICIAL DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING.   Cases  
Gibson v. Gibson Walker 364, Supreme Court of Mississippi (December 01, 1830) 1830 Two witnesses must be present when a nuncupative will is made. No words can be sustained as a nuncupative will, unless the person using them has the animus testandi, and believes himself that he is making a will.   Cases  
Glenn v. Smith 2 G. & J. 493, Court of Appeals of Maryland (December 01, 1830) 1830 There are three bills of exceptions, upon which this case is brought before this tribunal. The suit is an action of Trover, by the appellee as administrator de bonis non, of the estate of William Haslett, with the will annexed, for certain goods and chattels which belonged to William Haslett, his testator, and were left unadministered by Ann...   Cases  
Grainger v. State 13 Tenn. 459, Supreme Court of Errors and Appeals of Tennessee (March 01, 1830) 1830 The bill of exceptions shows that much stress, on the trial, was laid upon the blow given by Broach to Grainger, to reduce the killing to manslaughter; that Grainger's passions had not cooled. He never had any passion; he was much alarmed, and with good cause. A man was on his horse behind him; he could not get away. Henson proves he did not...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Grayson v. Wooldridge 2 La. 94, Supreme Court of Louisiana (October 01, 1830) 1830 APPEAL FROM THE COURT OF THE SEVENTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING.   Cases  
Green v. Vardiman 2 Blackf. 324, Supreme Court of Indiana (November 01, 1830) 1830 The children and heirs of Nancy Green, deceased, by Daniel Green their father and guardian, filed their bill in chancery; stating that John Vardiman, their grandfather, died in Kentucky, leaving a large estate real and personal, and leaving Mary Vardiman, his widow, and John T. Vardiman, Peter Vardiman, William Vardiman, Morgan Vardiman, George W....   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Guerry v. Capers Bail.Eq. 159, Court of Appeals of Law and Equity of South Carolina (December 01, 1830) 1830 The creditor of an executor, or other trustee, has, in general, no right to resort to the estate of the testator, or trust estate, for payment of purchases made, or contracts entered into, for the benefit of the trust: and the only recognized exception to the rule is confined to cases, where, if the executor, or trustee, had paid the debt with his...   Cases  
Hall's Ex'r v. Burton's Ex'r 3 J.J.Marsh. 567, Court of Appeals of Kentucky (April 17, 1830) 1830 On the 17th of July, 1802, Elizabeth Burton, widow, and administratrix of the estate of her deceased husband, Allen Burton, executed her promissory note, to William Hall, for the payment of twenty-five pounds, four shillings, twelve months after date. She died, having published her last will and testament; and Robert Burton, the defendant in error,...   Cases  
Hargrave v. Davidson 2 Dev. 535, Supreme Court of North Carolina (December 01, 1830) 1830 The written agreement between Cowan and Davidson is not the agreement declared on by the Plaintiff; nor was it given in evidence, as the one entered into between the parties to the present suit. We understand the case, that the Plaintiff alleged, that he and the Detendant made a like agreement, not in writing, referring expressly to the written...   Cases  
Harrison v. Battle 1 Dev.Eq. 537, Supreme Court of North Carolina (December 01, 1830) 1830 Under the first section of the act of 1812 (Rev. c. 830) subjecting trust estates to execution, only such estates as are held in trus?? for the Defendant in the execution solely, are within the operation of the act. As the Sheriff's deed transfers the estate of both the trustee and cestui que trust, those cases where it is necessary for the...   Cases  
Hebert v. Esnard 8 Mart.(n.s.) 498, Supreme Court of Louisiana (January 01, 1830) 1830 Appeal from the court of the fourth district, the judge of the second presiding.   Cases  
Hepp v. Parker 8 Mart.(n.s.) 473, Supreme Court of Louisiana (January 01, 1830) 1830 Appeal from the court of the parish and city of New-Orleans.   Cases  
Hitchcock v. Harris 1 La. 311, Supreme Court of Louisiana (May 01, 1830) 1830 Appeal from the court of the first district.   Cases  
Hodder v. Shepherd 1 La. 505, Supreme Court of Louisiana (June 01, 1830) 1830 Appeal from the court of the first district.   Cases  
Hoskins v. Miller 2 Dev. 360, Supreme Court of North Carolina (June 01, 1830) 1830 The statute 22 & 23, Charles II, giving to the husband the whole of the personal estate of his deceased wife, is in affirmance of the common law. A grant of administration as follows: Administration on the estate of A, granted to B, he giving bond, &c. is to be construed as unconditional. Letters of administration are only a copy of...   Cases  
Howard v. Williams 1 Bail. 575, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) 1830 A gift by a father to his daughter, of a very inconsiderable part of his property, made at a time when he was perfectly solvent, will not be set aside as fraudulent, upon his afterwards becoming insolvent, although a minute portion of a debt existing at the time of the gift remains still unpaid. Such a gift, it seems, will be supported against...   Cases  
Hoyle v. Stowe 2 Dev. 318, Supreme Court of North Carolina (June 01, 1830) 1830 The declaration contains but one count, which is on the joint demise of seven, of whom Andrew Hoyle and Elizabeth, the daughter of the testator, are two. It is for the whole tract of land, of which the testator died seised; and there is a general verdict for the Plaintiff. The Court below held, that it was unnecessary to decide, whether Elizabeth...   Cases  
Hudson v. Dangerfield 2 La. 63, Supreme Court of Louisiana (September 01, 1830) 1830 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING.   Cases  
Hughes v. Harrison 2 La. 89, Supreme Court of Louisiana (October 01, 1830) 1830 APPEAL FROM THE COURT OF THE SEVENTH JUDICIAL DISTRICT, THE JUDGE OF THE FIFTH PRESIDING.   Cases  
Huson v. McKenzie 1 Dev.Eq. 463, Supreme Court of North Carolina (December 01, 1830) 1830 The bill is filed for the purpose of setting aside a conveyance, made by Friddle and wife, to the other Defendant, on the ground, that the executors fraudulently conveyed, in payment of a private debt, the estate of their testator, which they held by the express terms of the will, in trust for the children of the testator. The Court has looked into...   Cases  
Jeannerett v. Radford Rich.Cas. 469, Court of Appeals of Law and Equity of South Carolina (April 01, 1830) 1830 It is not necessary that a Sheriff's return on a sub. ad resp. should appear, on the process, to have been sworn to. Practice in relation to continuing causes under the Acts of 1784, 1789 and 1810. A Chancellor may re-hear a cause so as to correct any apparent error of a decree delivered by himself; provided the application be made before the time...   Cases  
Jiovellina v. Minor 1 La. 72, Supreme Court of Louisiana (March 01, 1830) 1830 Appeal from the court of the first district.   Cases  
Johnson v. White 2 Mo. 223, Supreme Court of Missouri (October 01, 1830) 1830 This was an action of debt, originally commenced before a justice of the peace. Judgment was rendered for Johnson, the plaintiff, and the cause was taken to the Circuit Court by appeal. The defendant, White, had judgment. The cause is brought to this court by Johnson, by writ of error. The summons is in debt, without saying whether the debt was due...   Cases  
Jones v. Churchill 4 J.J.Marsh. 43, Court of Appeals of Kentucky (June 15, 1830) 1830 Deputy. Sheriff. Return. ERROR TO THE BULLITT CIRCUIT; PAUL J. BOOKER, JUDGE. On the 3d of April, 1822, an execution issued from the office of the clerk of the Jefferson circuit court, in the name of Churchill, against William Lampton and George Camden, returnable to May, 1822. It was placed in the hands of John H. Miller, as deputy for Jones, then...   Cases  
Jones v. Lanier 2 Dev. 480, Supreme Court of North Carolina (December 01, 1830) 1830 The decision in Lord Melville's impeachment, settled that the law of England on this point was, that a witness might be compelled to give evidence which subjected him to a debt or civil action. Four of the Judges thought differently; but eight of them gave clear and confident opinions in the affirmative; on which the Court acted, and the witness...   Cases  
Kenner v. Caldwell Bail.Eq. 149, Court of Appeals of Law and Equity of South Carolina (December 01, 1830) 1830 Equity will not relieve against a judgment at law, upon a guardianship bond, against the guardian and sureties, for the amount of a decree by the ordinary against the guardian, on the ground that the sureties were not cited before the ordinary, when the decree was made: neither is it a ground for relief, that a gift by the guardian to the wards,...   Cases  
Kinloch v. Harvey Harp. 508, Court of Appeals of Law and Equity of South Carolina (January 01, 1830) 1830 The opinion of the Court was delivered by Before I enter upon the consideration of the legal principles of the case under consideration, as applicable to the facts and circumstances of it, as striking at the peace and happiness of South Carolina, I beg leave to make a few observations on the nature of the Writ of Prohibition prayed for. The great...   Cases  
Landreaux v. Campbell 8 Mart.(n.s.) 478, Supreme Court of Louisiana (January 01, 1830) 1830 Appeal from the court of the first district.   Cases  
Larue's Heirs v. Larue's Ex'rs 3 J.J.Marsh. 156, Court of Appeals of Kentucky (January 01, 1830) 1830 This cause was, heretofore before this court. See II. Litt., 258. Upon the return of it to the circuit court, at the March term, 1823, an order was entered, in pursuance of the mandate of this court, reversing and setting aside the order, made on the application of Charles Campbell, which set aside the final decree, rendered in January, 1816, and...   Cases  
Lasseter v. Turner 9 Tenn. 413, Supreme Court of Errors and Appeals of Tennessee (September 01, 1830) 1830 The first question presented in this cause arises upon the following state of facts: John C. Turner married Catharine, the daughter of Charles Lee, who died in 1820, intestate, leaving Catharine one of his eleven distributees, then the wife of J. C. Turner. In 1822, J. C. Turner died. We will suppose the distributive share of Catharine Turner still...   Cases  
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