Title | Citation | Year | Summary | Most Relevant | Type | Status |
Lee v. Stuart |
2 Leigh 76, Supreme Court of Appeals of Virginia (March 01, 1830) |
1830 |
(Absent Cabell and Coalter, J.) A deed of marriage settlement is made before marriage, between infant female and her guardian, the intended husband, and trustees; whereby her real estate is settled on her and her children &c. and husband covenants, that he will, when after required, execute any and every further conveyance proper for more... |
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Cases |
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Lewis v. Fagan |
2 Dev. 298, Supreme Court of North Carolina (June 01, 1830) |
1830 |
Several objections are made to the recovery effected in this case, none of which, I think, are tenable. The first is, that there was no judgment against Harramond, as administrator of Fessenden; for that he was not sued on the judgment obtained against Fessenden in his lifetime, but only made a party to it by sci. fa. in which the judgment is, quod... |
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Cases |
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Lloyd v. Graham |
8 Mart.(n.s.) 700, Supreme Court of Louisiana (March 01, 1830) |
1830 |
Appeal from the probate court of the parish of East Feliciana. |
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Cases |
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Lloyd v. Wyckoff |
11 N.J.L. 218, Supreme Court of Judicature of New Jersey (January 01, 1830) |
1830 |
A sheriff cannot maintain trover for goods by virtue of a fieri facias and a levy thereon, without he has made a particular inventory of the goods, or has taken actual possession of them. A general levy endorsed upon the back of the writ, as follows: January 26, 1824, levied on the goods and chattels, lands and tenements of the defendant,... |
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Cases |
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Logan v. Withers |
3 J.J.Marsh. 384, Court of Appeals of Kentucky (April 07, 1830) |
1830 |
In March, 1827, John Withers made his last will and testament, which was admitted to record, in the county court of Lincoln, in October of that year, by which he appointed his wife, Susannah, executrix, his son James, and Hugh Logan, the plaintiff in error, who had intermarried with his daughter Kitty, executors thereof. Logan only, took upon... |
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Cases |
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Long's Adm'r v. White's Adm'rs |
5 J.J.Marsh. 226, Court of Appeals of Kentucky (December 28, 1830) |
1830 |
Feme Covert. Wife's Separate Property. Trustee. Answer. Evidence. Husband. Limitation in Chancery. ERROR TO THE MADISON CIRCUIT; RICHARD FRENCH, JUDGE. This is a suit in chancery, instituted in 1828, by the administrator of Sally Long against the defendants in error as administrators, heirs and distributees of John White, deceased, for a female... |
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Cases |
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Lucas v. Bank of Darien |
2 Stew. 280, Supreme Court of Alabama (January 01, 1830) |
1830 |
WALTER B. LUCAS filed a bill in Equity in the Circuit Court of Montgomery county, against the Bank of Darien, for relief against several judgments at law, which said bank sought to enforce against him. The bill charges that the complainant and one John Lucas had formerly been copartners in trade, under the firm of J. & W. Lucas; that they... |
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Cases |
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MacDonough v. Elam |
1 La. 489, Supreme Court of Louisiana (June 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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Madden v. Day |
1 Bail. 587, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) |
1830 |
A gift will be supported against subsequent creditors with notice, although the donor retain possession after the gift. |
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Cases |
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Madden v. Day |
1 Bail. 337, Court of Appeals of Law and Equity of South Carolina (January 01, 1830) |
1830 |
Where the donor was indebted at the time of the gift, and retained possession of the property afterwards, using it as his own, and still continuing in debt, up to the period of insolvency, the gift cannot be supported, even against subsequent creditors, without notice; although the antecedent debts have been paid off, or liquidated by the... |
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Cases |
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Madden v. Madden's Ex'rs |
2 Leigh 377, Supreme Court of Appeals of Virginia (November 01, 1830) |
1830 |
(Absent Brooke, P. and Coalter, J.) Upon appeals from interlocutory decrees in chancery, only so much of the cause is before the appellate court, as the court of chancery has acted upon. Testator bequeaths, that all his moveable property after the death of his wife, shall be sold, and the proceeds divided among his five daughters: after all... |
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Cases |
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Madry v. Young |
2 La. 104, Supreme Court of Louisiana (October 01, 1830) |
1830 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. |
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Cases |
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Martin v. Sale |
Bail.Eq. 1, Court of Appeals of Law and Equity of South Carolina (January 01, 1830) |
1830 |
A purchaser with notice of a prior mortgage takes subject to its lien, although it has not been duly recorded; and he is equally liable, although without actual notice, if the mortgage were recorded prior to his purchase. An answer by a purchaser, denying notice of a prior unrecorded mortgage, is sufficiently disproved by the positive oath of a... |
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Cases |
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McCall v. Mercier |
1 La. 343, Supreme Court of Louisiana (May 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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McClure v. Miller |
Bail.Eq. 107, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) |
1830 |
A gift by a woman, on the eve of a second marriage, to her children by a former marriage, is no fraud upon the marital rights of the second husband, if he knew of the gift before the marriage. Nor does it make any difference, that she was indebted, at the time, for the purchase money of the property given, and that the children were interested in... |
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Cases |
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McKinney v. Pinckard's Ex'r |
2 Leigh 149, Supreme Court of Appeals of Virginia (March 01, 1830) |
1830 |
(Absent Green, J. ) Inadequacy of price, whether it be so gross as to be per se proof of fraud or not, if attended by circumstances evincing unconscientious advantage taken by vendee of improvidence and distress of vendor, will avoid the contract in equity, though it be a contract executed. Quere, whether every vendor of an expectant interest is... |
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Cases |
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McLaughlin v. Richardson |
2 La. 78, Supreme Court of Louisiana (October 01, 1830) |
1830 |
APPEAL FROM THE COURT OF THE SEVENTH JUDICIAL DISTRICT THE JUDGE OF THE FIFTH PRESIDING. |
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Cases |
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McMillion v. Pigg |
3 Stew. 165, Supreme Court of Alabama (July 01, 1830) |
1830 |
IN December, 1828, J. McMillion filed a bill in the Circuit Court of Tuscaloosa county, sitting in Chancery, against C. Pigg and W. M. Marr, praying an injunction and relief against a judgment at law, which had been rendered against him in the County Court of that county, in favor of Marr. In his bill he charged, that in March, 1827, he purchased a... |
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Cases |
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McNair v. Ragland |
1 Dev.Eq. 516, Supreme Court of North Carolina (December 01, 1830) |
1830 |
A debt existing before the depreciation in the currency, which took place in the revolutionary war, might have been discharged in that currency. But if not paid or tendered during that period, upon the subsequent resumption of cash payments, the whole sum is to be paid, without reference to the depreciation. A debt contracted while the currency was... |
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Cases |
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Merry v. Chexnaider |
8 Mart.(n.s.) 699, Supreme Court of Louisiana (March 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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Michoud v. Lacroix |
8 Mart.(n.s.) 445, Supreme Court of Louisiana (January 01, 1830) |
1830 |
Appeal from the first judicial district. |
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Cases |
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Mitchell v. Franklin |
3 J.J.Marsh. 477, Court of Appeals of Kentucky (April 12, 1830) |
1830 |
Rent. Distress. Landlord. Constable. Justification. Trespass. Statute. ERROR TO THE MADISON CIRCUIT; RICHARD FRENCH, JUDGE. In October, 1827, Barnett made oath before a justice of the peace, that Reuben J. Eastin and William W. Pullins, stand justly indebted to him in the sum of forty-five dollars, for rent of a certain plantation, lying,... |
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Cases |
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Montgomery v. Russel |
2 La. 67, Supreme Court of Louisiana (October 01, 1830) |
1830 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. |
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Cases |
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Moore v. Barry |
1 Bail. 504, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) |
1830 |
Until the executor assent to a legacy, the legal estate in a chattel bequeathed by the will remains in him; and if before assent, the executor permit a stranger to acquire a title under the statute of limitations, the legatee is also barred, as to the stranger, although he be an infant. The acceptance of the legatee is as necessary, as the assent... |
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Cases |
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Morgan's Syndics v. Fiveash |
8 Mart.(n.s.) 588, Supreme Court of Louisiana (February 01, 1830) |
1830 |
Appeal from the court of the second district. |
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Cases |
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Morris v. Chapman's Adm'r |
2 G. & J. 286, Court of Appeals of Maryland (June 01, 1830) |
1830 |
1. The Court below erred in permitting to be read to the jury the copies of the two letters from Chapman, the intestate of the appellee, to the appellant. 1 Phil. Ev. 389. 2. That the answer, prepared and tendered by the appellant's intestate to Morris the appellee, and the accompanying affidavits, were inadmissible as evidence. It appears from the... |
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Cases |
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Morris v. Thames |
8 Mart.(n.s.) 687, Supreme Court of Louisiana (March 01, 1830) |
1830 |
Appeal from the court of the eighth district, the judge of the second presiding. |
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Cases |
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Motley v. Montgomery |
2 Bail. 11, Court of Appeals of Law and Equity of South Carolina (December 01, 1830) |
1830 |
It is an invariable rule never to disturb a verdict where there has been evidence both for and against it: But it is an equally invariable rule to set aside a verdict, where the presiding Judge reports that there has been no evidence to support it. Where parties have accommodated a previously existing controversy, and one of them has given the... |
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Cases |
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Myers v. Myers |
Bail.Eq. 23, Court of Appeals of Law and Equity of South Carolina (January 01, 1830) |
1830 |
An executor not allowed credit in his account for the amount of a promissory note of his testator in his favor, which he had neglected for a great many years to charge in any way to the estate; there being no proof of a consideration, and some evidence that the note was without any consideration, and intended merely to give colour to another... |
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Cases |
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Nelson v. Forgey |
4 J.J.Marsh. 569, Court of Appeals of Kentucky (October 15, 1830) |
1830 |
Wyat sold and conveyed to Worley, a tract of land, in Adair county, and took a mortgage on the land, as security for the consideration. Worley sold the land to Forgey, and gave him a bond for the legal title. Forgey was a citizen of Tennessee; Worley resided in Adair county, Kentucky. In 1808, (sometime after Forgey had bought the land) Nelson, who... |
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Cases |
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Oakey v. City of New Orleans |
1 La. 1, Supreme Court of Louisiana (March 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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Orndoff v. Turman |
2 Leigh 200, Supreme Court of Appeals of Virginia (June 01, 1830) |
1830 |
(Absent Coalter, J.) Tenant in fee tail general aliens in fee, by deed of lease and release with general warranty, in 1769; and tenant in tail lives till 1816, and then dies leaving issue: Held, that the statutes of 1776 and 1785 abolishing entails, barred the issue, and converted the estate tail, even though it were in abeyance, into a pure and... |
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Cases |
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Owens v. Collinson |
3 G. & J. 25, Court of Appeals of Maryland (December 01, 1830) |
1830 |
The first question to which our attention is called in the consideration of this case is, are the securities in an administration bond, in a suit brought by a distributee against the administrator, competent witnesses to prove that the assets of the deceased have been consumed in the payment of his debts? Upon principle and analogy, this question... |
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Cases |
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Palfrey v. Kerr |
8 Mart.(n.s.) 503, Supreme Court of Louisiana (January 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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Penny v. Caldwell |
1 Bail. 345, Court of Appeals of Law and Equity of South Carolina (January 01, 1830) |
1830 |
An attorney, who has received the amount of a note left with him for collection by a client, and applied it conformably to his instructions, although the note was not negotiable, and was payable on its face to a third person, and no assignment to the client indorsed, is not liable to the party who was apparently intitled to the note, but of whose... |
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Cases |
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Peterson v. Williamson |
2 Dev. 326, Supreme Court of North Carolina (June 01, 1830) |
1830 |
The propriety of the instructions depends altogether upon the correctness of the assumption, that the gift, being by parol, was void as against the creditors, who had executions. For nothing can be more certain, than that the statute of limitations cannot run, until the right hath accrued, or the action arisen. I do not speak of the gift being... |
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Cases |
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Pilie v. Patin |
8 Mart.(n.s.) 692, Supreme Court of Louisiana (March 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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Poindexter v. McCannon |
1 Dev.Eq. 373, Supreme Court of North Carolina (June 01, 1830) |
1830 |
Where, upon the face of a transaction, it is doubtful whether the parties intended to make a mortgage or a conditional sale, Courts of Equity incline to consider it a mortgage; because by means of conditional sales, oppression is frequently exercised over the needy. But there is no rule of Equity, which forbids the making of conditional sales. And... |
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Cases |
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Police Jury v. Haw |
2 La. 41, Supreme Court of Louisiana (September 01, 1830) |
1830 |
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING. |
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Cases |
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Prados v. His Creditors |
1 La. 174, Supreme Court of Louisiana (April 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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Prudence v. Bermodi |
1 La. 234, Supreme Court of Louisiana (April 01, 1830) |
1830 |
Appeal from the court of the parish and city of New Orleans. |
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Cases |
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Rawle v. Skipwith |
8 Mart.(n.s.) 407, Supreme Court of Louisiana (January 01, 1830) |
1830 |
Appeal from the court of the third district, the judge of the eighth presiding. |
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Cases |
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Reeves v. Harris |
1 Bail. 563, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) |
1830 |
A verbal condition, annexed to a verbal sale of a chattel, that the property shall not vest in the purchaser, until the purchase money is paid, is valid, although the sale is accompanied by a delivery of the chattel; nor is the possession of the vendee evidence, per se, of fraud. |
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Cases |
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Reeves v. Reeves |
1 Dev.Eq. 386, Supreme Court of North Carolina (June 01, 1830) |
1830 |
Every testator is presumed not to intend to die intestate, as to any part of his estate. Therefore, a residuary clause, unless expressly restrained, always passes whatever is not otherwise disposed of. Parol evidence is inadmissible to prove, that the intention of the testator was not properly expressed in the will; or that he used words, the... |
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Cases |
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Repplier v. Gow's Syndics |
1 La. 474, Supreme Court of Louisiana (June 01, 1830) |
1830 |
Appeal from the court of the first district. |
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Cases |
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Rice v. Cannon |
Bail.Eq. 172, Court of Appeals of Law and Equity of South Carolina (December 01, 1830) |
1830 |
In the administration of the estate of a deceased administrator, a sum of money, due by him, as administrator, to the estate of his intestate, ranks as a bond debt. Parties claiming a fund in Court, are not concluded by an order, to which they were not parties, making a different disposition of the fund; and if they are intitled to the fund, and... |
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Cases |
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Ross v. Pargoud |
2 La. 85, Supreme Court of Louisiana (October 01, 1830) |
1830 |
APPEAL FROM THE COURT OF THE SEVENTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. |
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Cases |
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Rowe v. Cockrell |
Bail.Eq. 126, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) |
1830 |
The testimony of one witness is sufficient to prove fraud, although denied by the answer, if corroborated by the circumstances of the case. A fraudulent sale will be declared void at the suit of creditors: and a sale by the sheriff, under execution, for an inadequate price, may be avoided by the creditors of the defendant, upon proof, that the... |
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Cases |
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Rowe v. Hall |
1 La. 97, Supreme Court of Louisiana (March 01, 1830) |
1830 |
Appeal from the court of the third district, the judge of the eighth presiding. |
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Cases |
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Ruff v. Rutherford |
Bail.Eq. 7, Court of Appeals of Law and Equity of South Carolina (January 01, 1830) |
1830 |
The testator by the second clause of his will bequeathed personal estate to his wife for her support during life, and after her decease, if any thing remained, to be equally divided among his children. A subsequent clause was in these words: The remainder of my estate, when all my heirs are made equal, as will appear by receipts, to be... |
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Cases |
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