| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Coulson v. Walton |
34 U.S. 62, Supreme Court of the United States (January 01, 1835) |
1835 |
APPEAL from the circuit court of the United States for the district of West Tennessee. For the appellant it was contended, that, stripped of circumstances, the case is, that Payne held a title bond on Coulson, for six hundred and forty acres of land, dated in 1787. In 1791, Isaac Coulson the obligee died, leaving John Coulson, the appellant, his... |
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Cases |
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| Craighead v. Bank of State of Tennessee |
15 Tenn. 399, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
Two points are presented in this case worthy of serious consideration; and, though the amount in controversy is small, it is no reason for escaping from principle. Being myself not satisfied with the opinion delivered on the point touching the items in the account, which, it is assumed, saves the bar (some of them being within three years next... |
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Cases |
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| Daboval v. Escurix |
8 La. 96, Supreme Court of Louisiana (March 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Davis v. Minor |
1 Howard 183, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
A valid defence to an action, vested in the party entitled to it, is a vested right, which cannot be taken from him without his consent. A bar produced by the operation of the statute of limitations to an action upon contract is as effectual as payment or other defence; and although it be generally true, that the statute only bars the remedy, and... |
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Cases |
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| Davison v. Seal-Skins |
2 Paine 324, Circuit Court, D Connecticut (January 01, 1835) |
1835 |
This case comes up on appeal from a decree of the district court of the United States for the district of Connecticut. This libel filed in the case is for salvage upon a quantity of sealskins, alleged to have been saved and rescued from the unlawful and piratical capture of Lewis Vernet, at Port St. Lewis, in the Eastern Falkland Island, on the... |
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Cases |
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| Dobbs v. Cockerham |
2 Port. 328, Supreme Court of Alabama (June 01, 1835) |
1835 |
The plaintiffs in error, who are administrator and administratrix of William W. Cockerham, deceased, were cited before the Judge of the County Court of Pickens county, to make final settlement of their administration, and to make distribution of the estate among the heirs. At the hearing before the Judge in October, 1833, the defendants in error, a... |
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Cases |
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| Dozier v. Dozier |
1 Dev. & Bat.Eq. 96, Supreme Court of North Carolina (June 01, 1835) |
1835 |
Upon a bill seeking satisfaction of an equitable demand against a deceased debtor, from property in the hands of his donee, it was held, that the administrator of the debtor was a necessary party, and that a decree against him in a former suit establishing the debt, and ascertaining that he had fully administered, was not admissible to prove the... |
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Cases |
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| Drane v. Scholfield |
6 Leigh 386, Supreme Court of Appeals of Virginia (April 01, 1835) |
1835 |
In an action by an assignee against an assignor of a promissory note, plaintiff, to maintain his action, must shew that the maker was insolvent at the time the note was made or the contents fell due, or that he has used due diligence to recover from the maker, and failed. If the maker of the note was resident in Virginia, and solvent, at the time... |
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Cases |
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| Duncan v. Martin |
15 Tenn. 519, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
The bequest in this will, to A. Perkins, to her and the heirs of her body lawfully begotten, if applied to realty, would create an entail. The rule of law is that, whenever the words of a bequest, if applied to realty, would create an entail, when applied to personalty, vest th?? absolute interest in the first taker. The words in this will, being... |
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Cases |
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| Dyer v. Morris |
4 Mo. 214, Supreme Court of Missouri (August 01, 1835) |
1835 |
Dyer sued Morris in an action on the case for words spoken, and had judgment in the Circuit Court; and to reverse that judgment, Morris prosecutes his writ of error. There were four counts in the declaration. Before the trial, the defendant moved the court to strike out each count, and the court did strike out the first and the fourth, but refused... |
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Cases |
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| Edwards v. Barksdale |
2 Hill Eq. 184, Court of Appeals of Law and Equity of South Carolina (February 01, 1835) |
1835 |
In these cases, as in Bedon v. Bedon. the question which decides the whole matter is, what estate did Thomas Henry Barksdale take under the will of his father, George Barksdale, deceased. This, in its developement and decision, will require us to give consideration to the will. 1st. As to the bequest in favor of Henry Bona, and the executory devise... |
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Cases |
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| English v. Lane |
1 Port. 328, Supreme Court of Alabama (January 01, 1835) |
1835 |
An Appeal from a decree of the Mobile Circuit Court--Before the Hon. P. T. HARRIS. English brought a bill in chancery against Lane, in October 1830, alleging that in the spring of 1826, he (English,) was taken with a ca. sa. and put in jail for certain debts which he owed; that these debts amounted to about $2300 or $2400; that he applied to Lane,... |
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Cases |
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| Erskine v. Henry |
6 Leigh 378, Supreme Court of Appeals of Virginia (April 01, 1835) |
1835 |
In the case of Pugh's ex'or v. Jones (reported 33 Va. 299.), I have stated the principles, which appear to me to govern in questions relative to the demand of surety on appeals by executors and administrators. I shall not repeat them here. Suffice it to say, that, according to those principles, Erskine ought to give security, unless there is some... |
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Cases |
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| Ex parte Bishop |
4 Mo. 219, Supreme Court of Missouri (October 01, 1835) |
1835 |
The petitioner states that he has been arrested by the constable of the township and county of St. Louis, upon a warrant issued by a justice of the peace of said county. No exception is taken to the warrant of the justice or to the affidavit on which it was issued. The only ground on which the petitioner claims to be discharged by habeas corpus, is... |
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Cases |
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| Ex parte Reed |
4 Cranch C.C. 582, Circuit Court, District of Columbia (November 01, 1835) |
1835 |
This was a writ of habeas corpus, commanding Richard Butt, superintendent of the Washington Asylum, to bring up the body of Julia Reed with the cause of her commitment and detainer; and, upon the return, it appeared that she was committed and detained by virtue of the following warrant: District of Columbia, County of Washington, to wit: To L. S.... |
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Cases |
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| Fagot v. Porche |
7 La. 562, Supreme Court of Louisiana (February 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Falls v. Carpenter |
1 Dev. & Bat.Eq. 237, Supreme Court of North Carolina (December 01, 1835) |
1835 |
Where a vendee contracted for the purchase of land, and took possession, but neglected to pay the purchase-money for nine months after it fell due, during all which time the vendor held the bonds for the purchase-money, and did not offer to surrender them, but recognized the contract as still subsisting, it was held, that having allowed the... |
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Cases |
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| Ferrel v. Finch |
16 Tenn. 432, Supreme Court of Tennessee (August 01, 1835) |
1835 |
The judgment against Taul and Brown having been obtained in the circuit court, and the judgment, by motion, having been rendered by the county court, it is insisted this judgment is void because it does not recite that there was produced to the county court a copy of the record or judgment of the circuit court, legally authenticated--the evidence... |
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Cases |
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| Field v. U.S. |
34 U.S. 182, Supreme Court of the United States (January 01, 1835) |
1835 |
IN error to the district court of the United States for the eastern district of Louisiana. In the district court of the United States, on the 30th of March 1831, the attorney of the district filed a petition of complaint, on behalf of the United States, against Seaman Field, Samuel J. Peters, and Thomas Toby, residing in the city of New Orleans,... |
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Cases |
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| Floyd v. Goodwin |
16 Tenn. 484, Supreme Court of Tennessee (August 01, 1835) |
1835 |
1st. The instruction given to the jury, that the title of the defendant was not void by force of the statutes to suppress champerty and maintenance, is believed to be correct. 2d. The charge on the second point was correct. It left the facts fairly to the jury. 3d. The charge on the third point is perhaps slightly objectionable in reference to... |
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Cases |
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| Foster v. Nowlin |
4 Mo. 18, Supreme Court of Missouri (May 01, 1835) |
1835 |
Nowlin brought an action of debt against Josiah Foster and and George S. Foster, as executors of Charles C. Simmons, deceased. The defendants pleaded. 1st. Non est factum by Simmons. 2d. That they are not executors of Simmons; on both the pleas issues of fact were made. 3d. That Simmons died intestate; that after his death, and before the... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Gaillard v. Labat |
9 La. 17, Supreme Court of Louisiana (December 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Gist v. Pressley |
2 Hill Eq. 318, Court of Appeals of Law and Equity of South Carolina (May 01, 1835) |
1835 |
The three first grounds of the motion may be considered together. The principles of the Chancellor's decision, are perhaps less distinctly seen, because the defendants, Allston and Hodges, sustain the characters both of senior execution creditors and junior mortgage creditors of the deceased, John B. Presley. If the execution creditors were... |
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Cases |
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| Gordon v. Overton |
16 Tenn. 121, Supreme Court of Tennessee (May 01, 1835) |
1835 |
1st. As to the deed from Brown to Rice, it was made in May, 1801; had two witnesses; was proved by Dillon, 28th of May, 1805, before a judge in this state, and registered the 25th of May, 1808, in Davidson county, and in 1826 in Haywood county. The register act of 1807, sec. 2, provided that deeds theretofore made, and not registered in time, might... |
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Cases |
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| Green v. Buckner's Adm'r |
6 Leigh 82, Supreme Court of Appeals of Virginia (February 01, 1835) |
1835 |
(Absent Brooke, J.) In debt on bond by B. against G. and S. issue is joined on the plea of payment; defendants to prove payment, adduce evidence that G. put money into hands of a third person to pay the debt, who informed B. that he had the money to pay off the bond; but B. declined to receive it, saying he owed S. the other obligor more money,... |
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Cases |
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| Griffin v. Potter |
14 Wend. 209 (January 01, 1835) |
1835 |
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... |
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Trial Court Orders |
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| Grisham v. Grisham |
16 Tenn. 393, Supreme Court of Tennessee (August 01, 1835) |
1835 |
The court was clearly right in refusing to discharge the defendant in this case. The substance of the oath which, by the act of 1811, ch. 24, sec. 3, an insolvent debtor is required to take is that he has not disposed of, or secreted, any part of his property, whereby to receive or expect any benefit or advantage therefor, or to defraud any... |
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Cases |
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| Guilliet v. Erwin |
7 La. 580, Supreme Court of Louisiana (February 01, 1835) |
1835 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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| Hamilton v. Bishop |
16 Tenn. 33, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
It is contended by the defendants, and so the chancellor decided, that this deed vested the property conveyed by it absolutely in Andrew Hamilton, the husband of Elizabeth; and the first question for our consideration is, what is the true construction of this deed? Whether this is an absolute gift, by which the right to the property is vested in... |
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Cases |
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| Hamilton v. McCarty |
1 Dev. & Bat. 226, Supreme Court of North Carolina (June 01, 1835) |
1835 |
It seems to us that the plaintiff had her election either to bring an action of covenant in a Court of record, or debt before a justice for sixty dollars. This is not a bond for an entire debt payable by instalments. For rent payable quarterly or otherwise, or for an annuity, or on a stipulation to pay £>10 on one day and £10 on another, debt lies... |
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Cases |
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| Hargroves v. Meray |
2 Hill Eq. 222, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
The plaintiffs have not insisted on regarding the paper under which the defendants claim as a will; and, as it appears it may be more beneficial to the defendant, the donee Sarah, to regard it as a deed, it will be so treated in this opinion. For it is beyond all doubt, that if it is a will, the property conveyed by it would be not only liable to... |
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Cases |
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| Harkins v. Coalter |
2 Port. 463, Supreme Court of Alabama (June 01, 1835) |
1835 |
According to the view we take of the case, the following enquiries embrace the entire merits, and are decisive of the controversy. 1. What is the true and proper construction of the deed. 2. The consequence of the non-delivery of the property at the time the deed was delivered, and the subsequent delivery, under the circumstances of the case. 3.... |
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Cases |
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| Harris v. Denison |
8 La. 543, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Harrison v. Battle |
1 Dev. & Bat.Eq. 213, Supreme Court of North Carolina (December 01, 1835) |
1835 |
The Court is of the opinion, that neither of the defendants have any interest in the trust fund mentioned in the deed; but that on the death of Frances Cooper, (who only had a life interest in the trust,) without executing or attempting to execute the power of appointment, the remainder of the trust resulted to the donor, Edward Cooper, or his... |
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Cases |
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| Hart & Co. v. St. Romes |
7 La. 586, Supreme Court of Louisiana (February 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Harvey v. Smith |
1 Dev. & Bat. 186, Supreme Court of North Carolina (June 01, 1835) |
1835 |
It ought not to excite surprise that questions embarrassing to the bench, as well as to the bar, should present themselves upon applications for a revision of the proceedings upon probates of wills, or refusal of probate to instruments offered as wills. The General Assembly, as the situation of our country, and the character of its institutions... |
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Cases |
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| Hays v. McGuire |
16 Tenn. 92, Supreme Court of Tennessee (May 01, 1835) |
1835 |
The circuit court charged the jury that registration of a deed subsequent to the demise laid in the declaration would not, under the existing act of assembly--that of December, 1831--relate back, but would only be a seisin from the time of registration. Before the passage of the act of 1819, deeds registered at any time related to the time of... |
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Cases |
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| Hazlerig v. Hazlerig's Ex'rs |
3 Dana 48, Court of Appeals of Kentucky (April 23, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR CLARKE COUNTY. The decision of this case depends on the proper construction of the following clause of the will of John Hazlerig, deceased, succeeding a devise to his son John (the plaintiff in error) of a tract of land, and several bequests of various sums of money to others:--The legacies I have given above, are to be... |
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Cases |
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| Henderson v. Hoke |
1 Dev. & Bat.Eq. 119, Supreme Court of North Carolina (June 01, 1835) |
1835 |
Where A. purchases the land of B. at execution sale, and assigns his bid to C., and it is again sold under an execution against C. and bought by D., and A. conferring with C. to defeat D.'s title, takes a deed from the sheriff, a Court of Equity will compel him to convey to D. THE original bill charged, that in April, 1826, one Joseph Wier entered... |
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Cases |
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| Hicks v. Pope |
8 La. 554, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Hightower v. Ivy |
2 Port. 308, Supreme Court of Alabama (June 01, 1835) |
1835 |
This action was assumpsit, brought in the Circuit Court by the present plaintiff against the defendant, on a promissory note payable by S. W. Maples to the defendant, and by the latter indorsed to the plaintiff. The first count is in the usual form upon the note; the second and third counts are also on the note, with averments of the insolvency of... |
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Cases |
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| Huntington v. Bell |
2 Port. 51, Supreme Court of Alabama (January 01, 1835) |
1835 |
The Court below, sustained the demurrer to the bill, on the ground, it is supposed, that the complainant had a remedy at law. The party, it is true, might not be left wholly without remedy at law; but the relief sought is preventive relief: it is to restrain the defendant from carrying into effect a sale, by which the complainant might sustain much... |
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Cases |
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| Icar v. Suares |
7 La. 517, Supreme Court of Louisiana (January 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| In re Martin |
2 Paine 348, Circuit Court, SD New York (January 01, 1835) |
1835 |
This is a motion to quash the writs de homine replegiando, issued out of, and made returnable in this court, by which the marshal is commanded that he cause to be replevied Peter Martin, otherwise called Lewis Martin, a citizen of the state of New York, (whom John Enders and John Grace, citizens of the state of Virginia, have taken and do keep,)... |
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Cases |
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| Jackson v. Kip |
2 Paine 366, Circuit Court, SD New York (January 01, 1835) |
1835 |
In equity. |
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Cases |
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| Jacobs v. Lewis' Heirs |
8 La. 177, Supreme Court of Louisiana (April 01, 1835) |
1835 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Cases |
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| Johnson's Adm'r v. Johnson's Ex'r |
2 Hill Eq. 277, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
The questions arising out of these facts, seem to me to be the following, viz: 1. Ought Robert Brailsford to be charged as guardian with the income derived from the estate of Thos. N. Johnson, (which was assigned to him as his part of the estate of his father,) from the time of his appointment as guardian? 2. Ought he to be charged as guardian,... |
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Cases |
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| Jones v. Sommerville |
1 Port. 437, Supreme Court of Alabama (January 01, 1835) |
1835 |
Error from Franklin Circuit Court--Before the Hon. S. L. PERRY. Sommerville brought an action of covenant against Jones, upon articles of agreement entered into between them, in 1823. By this instrument Jones agreed that he would ship his crop of cotton, by Sommerville to New-Orleans, supposed to be one hundred and twenty bales. Sommerville agreed... |
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Cases |
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| Jones v. Wightman |
2 Hill (SC) 579, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
The cases of D'Urphey v. Nelson, and Martin v. Latta, 4 M'C. 128, are regarded by the Court, as authority not now to be questioned by either the bar or the bench, upon the point decided by them. It may be that D'Urphey v. Nelson, was decided wrong, on a true construction of the statute of 5 George, 2 c. 7, but is now thirty-two years since it was... |
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Cases |
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| Kennedy v. Kennedy |
3 Dana 239, Court of Appeals of Kentucky (October 07, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR MADISON COUNTY. This is a writ of error prosecuted by John Kennedy, to reverse a decree dissolving the partnership between himself and Thomas Kennedy, on the prayer of the latter. Writ of error on a decree dissolving a partnership. The partnership was entered into in November, 1830, for the purpose of raising, purchasing... |
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Cases |
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