TitleCitationYearSummaryMost RelevantTypeStatus
Stroud's Heirs v. Barnett 3 Dana 391, Court of Appeals of Kentucky (October 16, 1835) 1835 FROM THE CIRCUIT COURT FOR CHRISTIAN COUNTY. Statement of of the case. On the 25th of December, 1824, the decedent, William Stroud, and the complainant Barnett entered into an article of agreement by which it was agreed, that said Barnett had advanced to said Stroud one hundred and fifty dollars, in Kentucky and Commonwealth's bank paper; and said...   Cases  
Talbird v. Baynard 2 Hill (SC) 597, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) 1835 It was contended that hire ought to be allowed from the death of Elizabeth Talbird, and not from the time of demand and refusal, as the former period was that at which an actual conversion took place. I have no doubt that the plaintiff is entitled to hire, by way of damages, from the death of Mrs. Talbird; for it seems that John Talbird, the...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Thackum v. Longworth 2 Hill Eq. 267, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) 1835 This case for the first time presents to this Court the question, how far it can interfere to prevent the negotiation by an executor or administrator, of notes or bonds taken by him for the proceeds of the sale of the goods of the deceased. In such choses in action he has a clear legal right of property, independent of his character as executor or...   Cases  
Tilghman v. Lewis' Estate 8 La. 105, Supreme Court of Louisiana (March 01, 1835) 1835 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
U.S. v. Nourse 34 U.S. 8, Supreme Court of the United States (January 01, 1835) 1835 The treasury department of the United States, on the 14th of July 1829, issued a warrant of distress directed to the marshal of the District of Columbia, commanding him to levy and collect, by distress and sale of his goods and chattels, a sum of money alleged to be due to the United States, on a treasury transcript, by Joseph Nourse, late register...   Cases  
U.S. v. Smith 4 Cranch C.C. 629, Circuit Court, District of Columbia (November 01, 1835) 1835 This was an indictment [against Henry Smith] under the act of congress of March 2, 1831 (4 Stat. 448), entitled, An act for the punishment of crimes in the District of Columbia, commonly called the Penitentiary Act. The offence charged was the keeping a common gaming-table, called a sweat-cloth.   Cases  
Vanzant v. Jones 3 Dana 464, Court of Appeals of Kentucky (October 24, 1835) 1835 FROM THE CIRCUIT COURT FOR BARREN COUNTY. The questions. Three questions are presented in this case: first--was there an issue on a plea of justification? second--did the ??cuit court err in refusing to permit the counsel for the defendant in the action (appellant here) to open and conclude the argument before the jury? and third--were the damages...   Cases  
Venning v. Hacker 2 Hill (SC) 584, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) 1835 There is no foundation for this motion, the book entries made by the plaintiff, are from convenience and necessity admitted in evidence, as memoranda made at the time of the delivery, quantity and value of the articles, and necessarily presupposes that they were delivered by him, or in his presence. The proof here, is, that the entries were in part...   Cases  
Waller v. Lea 8 La. 213, Supreme Court of Louisiana (April 01, 1835) 1835 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Waller v. Todd 3 Dana 503, Court of Appeals of Kentucky (October 30, 1835) 1835 FROM THE CIRCUIT COURT FOR FRANKLIN COUNTY. Charles S. Todd, son of Thomas Todd, and son-in-law of Isaac Shelby, possessed of a large estate, but indebted beyond his own means of payment, having, as may be inferred, applied to his father-in-law for some assistance, received the following letter, dated January 14, 1819:--My dear sir--when I...   Cases  
Weatherhead v. Boyers 15 Tenn. 545, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) 1835 Several questions are drawn in issue by the pleadings in this cause, but the proof has narrowed our examination to those connected with the charge of usury. This is repelled upon several grounds, the principal of which will be noticed. It is said that the charge in the bill of complaint does not make a case of usury; that the terms of contract, as...   Cases  
Wells v. Walker 8 La. 14, Supreme Court of Louisiana (March 01, 1835) 1835 APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.   Cases  
White v. Vaughan 2 Hill Eq. 329, Court of Appeals of Law and Equity of South Carolina (June 01, 1835) 1835 The question made and argued was, out of what fund this deficiency was to be raised. For the plaintiff, it was insisted that the debts of $378 should be paid out of the sum of $894 produced by the sale of Will and the other property directed to be sold, which would then leave the balance of $516 to be applied to the payment of the pecuniary...   Cases  
White's Heirs v. White's Adm'rs 3 Dana 374, Court of Appeals of Kentucky (October 15, 1835) 1835 FROM THE CIRCUIT COURT FOR MADISON COUNTY. Bill, decree, &c. John, Richard, Daniel and Rachael White, and James Park and John Park, as legatees and children, and grand children of John White, deceased, filed their bill against the administrators and other heirs and legatees, for a distribution of the estate of the decedent; and a decree was...   Cases  
Whitesides v. Martin 15 Tenn. 384, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) 1835 We are called upon to construe the champerty act of 1821, ch. 66, a matter of more difficulty than is at first apparent, as respects the 1st section, declaring conveyances to lands void if made contrary thereto. By the statute of 32 Henry VIII., ch. 9, it was provided that no person shall buy or sell, or by any means obtain any pretended rights or...   Cases  
Williams v. Walton 16 Tenn. 387, Supreme Court of Tennessee (August 01, 1835) 1835 The charge of the circuit judge is for the most part unexceptionable, but in several propositions stated by him there is error. Speaking of the deed from Morgan Williams to the plaintiff, he told the jury that, as it was only proved by one witness, it was void. This, as a general proposition as here laid down, is not true. Although, as against...   Cases  
Worth v. McAden 1 Dev. & Bat.Eq. 199, Supreme Court of North Carolina (December 01, 1835) 1835 The first question which presents itself for our consideration, is, whether the defendant Dr. M'Aden, notwithstanding his having forborne to act as a trustee for Lucy Daniel's children, had that office imposed upon him. If he had, it follows that an account must be taken between him and his cestui que trusts, in relation to the administration of...   Cases  
Yard v. Cramond Supreme Court of Pennsylvania (January 01, 1835) 1835 This is an action of assumpsit, for money had and received, brought by Cramond, the surviving assignee of Eric and Lewis Bollman, to recover their proportion of the sum of one hundred and thirty-six thousand two hundred and sixty-five dollars, awarded by the commissioners under the Florida treaty, to James Yard, and others. The following extract,...   Cases  
Young v. State 7 G. & J. 253, Court of Appeals of Maryland (December 01, 1835) 1835 When a bond is filed with the county clerk, there to remain and become a public record, it is not in legal contemplation in the possession of the plaintiff in an action brought upon it. His profert therefore of such a bond is gratified by the production of an office copy, in answer to the prayer of oyer. In giving a form for sheriffs' bonds, the...   Cases  
Alexander v. Evans 10 La. 132, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING.   Cases  
Alexander v. Stewart 8 G. & J. 226, Court of Appeals of Maryland (December 01, 1836) 1836 The Orphans courts have exclusive cognizance in the appointment of administrators, de bonis non, and where an executor had not completed his trust, by the payment of all legacies and the delivery over of the property in his hands to the persons entitled, the exercise of the power of appointment was held to be rightful. It is the duty of an...   Cases  
Alexander v. Wallace 18 Tenn. 105, Supreme Court of Tennessee (December 01, 1836) 1836 The bill alleges that one William Bowman became indebted to the complainant, for goods sold him, to the amount of $5,996, for which he, in 1827, executed his note, payable some short time thereafter; that he put said note into the hands of the defendant William Wallace, for the purpose of collection, and to get the payment of it better secured;...   Cases  
Anderson v. Cade 10 La. 269, Supreme Court of Louisiana (September 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING.   Cases  
Anderson's Ex'rs v. Anderson's Heirs 10 La. 29, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF EAST BATON ROUGE.   Cases  
Andres v. Lee 1 Dev. & Bat.Eq. 318, Supreme Court of North Carolina (June 01, 1836) 1836 The purchaser of chattels under an executed contract, can claim redress against his vendor for a defect of title, only where the vendor has undertaken to assure the title, or has deceived the purchaser, in relation to it. In this case, the plaintiff does not impute any fraud to the defendants. His title to redress must be founded, then, upon their...   Cases  
Baker v. Carson 1 Dev. & Bat.Eq. 381, Supreme Court of North Carolina (June 01, 1836) 1836 The plaintiff, Lisitta Baker is the owner in fee of the tract of land described in the bill subject to the life estate of the defendant, and one object of the bill is to enforce the execution of an agreement, on the part of the defendant, to convey this life estate to the said plaintiff. So far as the bill seeks this relief, it must be dismissed....   Cases  
Baker v. Dobyns 4 Dana 220, Court of Appeals of Kentucky (June 14, 1836) 1836 FROM THE CIRCUIT COURT FOR MASON COUNTY. Statement of the case. Simon R. Baker, administrator of William Baker, in 1817, obtained a decree against James Dobyns, for eight hundred and fifty-one dollars and twenty-six cents, and costs, on account of money paid by said William Baker, to the Commonwealth of Kentucky, as one of the sureties of said...   Cases  
Baker v. Red 4 Dana 158, Court of Appeals of Kentucky (June 09, 1836) 1836 FROM THE CIRCUIT COURT FOR TRIGG COUNTY. The will. By his last will, Philip Red, who died in Christian county, in this state, on the 17th of August, 1819, devised; first--to his wife, during her life or widowhood--with an injunction to educate all his children--all his estate, except his land and the debts due to him, which he directed his executor...   Cases  
Ballew v. Andrus's Ex'r 10 La. 216, Supreme Court of Louisiana (September 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ST. LANDRY.   Cases  
Bank of U.S. v. Smith 4 Cranch C.C. 712, Circuit Court, District of Columbia (March 01, 1836) 1836 At law. Assumpsit against [Fleet Smith] the defendant, as indorser of John Strother's promissory note, for $6,023.22, dated 1st October, 1830, payable to the defendant, or order, in one year, with interest from the date. The plaintiffs having given evidence of the execution and indorsement of the note, and of due demand and notice to the defendant,...   Cases  
Banks v. Botts 10 La. 42, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS.   Cases  
Berard v. Berard 9 La. 156, Supreme Court of Louisiana (February 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Berry v. Hale 1 Howard 315, High Court of Errors and Appeals of Mississippi (January 01, 1836) 1836 Where a party relies upon a title derived under sheriff's sale the judgment and execution should be set out. A bill of exceptions is the method of placing on the record matters, which do not properly belong to it, and should contain the matters so intended to be placed on the record. The bill of exceptions must present a distinct, substantive case....   Cases  
Berthoud's Heirs v. Unruh 9 La. 180, Supreme Court of Louisiana (February 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Black v. Ellis Ril. 73, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 The various grounds of appeal seem to me to present only two distinct subjects for the judgment of this Court. 1st. The admissibility of evidence of the character of the witness, William Deloach. 2d. The existence of the animus testandi, on the part of the deceased, at the time of the execution of the will. Under these heads, as briefly as...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Black v. Ellis 3 Hill (SC) 68, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 On an issue devisavit vel non, proof of the good character of a deceased sub scribing witness, is admissible to sustain the will. No formal act of publication is necessary to a will; when signed by the testator in the presence of the witnesses required by law, and subscribed by them actually or constructively in his presence, this is a legal...   Cases  
Black v. Ray 1 Dev. & Bat.Eq. 443, Supreme Court of North Carolina (December 01, 1836) 1836 The case as charged, is not admitted by the defendant's answer, and proofs have been taken to support it. But to us it seems unnecessary to examine these proofs, for that the bill cannot be supported. It is argued for the plaintiff, that the tenant for life ought to be regarded as a trustee for him in remainder; and that the trust fund having been...   Cases  
Blue v. Patterson 1 Dev. & Bat.Eq. 457, Supreme Court of North Carolina (December 01, 1836) 1836 The defendant has made several objections to the plaintiff's claim, we will notice them in their order. First: That the will of John Patterson, Sen., under which the plaintiff claims, was obtained by fraud; although he admits it has been admitted to probate by the county court. Answer. A will cannot be set aside in equity, for fraud or imposition....   Cases  
Boggess v. Boggess 4 Dana 307, Court of Appeals of Kentucky (October 05, 1836) 1836 FROM THE CIRCUIT COURT FOR MUHLENBERG COUNTY. Rosanna Boggess, after cohabiting with her husband, Robert Boggess, from the year 1808 to that of 1833, and bearing nine children by him, abandoned him, on the alleged ground of barbarous and inhuman treatment endangering her life, and shortly afterwards sued him in chancery, for a divorce, or for...   Cases  
Boon v. Juliet 1 Scam. 258, Supreme Court of Illinois (December 01, 1836) 1836 This was an action of trespass vi et armis brought by the appellee against the appellant for an assault and battery on her sons, Peter, Harrison, and Enoch, being her servants, and restraining them of their liberty, per quod servitium amisit. The defendant in the Circuit Court, Boon, pleaded specially, that one Gaston removed into this State, while...   Cases  
Bradish v. Johnson 6 La.Ann. 639, Supreme Court of Louisiana (January 01, 1836) 1836 The following is the case referred to in the decision: L. Bradish, Tutrix, &c. v. Johnson Under-Tutor of George Bradish. Appeal from the Court of Probates of Plaquemines. This case originates in an opposition made by the under-tutor of George Bradish, to the homologation of an inventory made by the tutrix, in which the offspring or young of certain...   Cases  
Breaux v. Martin's Heirs 10 La. 199, Supreme Court of Louisiana (September 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING.   Cases  
Britton v. Johnson 2 Hill Eq. 430, Court of Appeals of Equity of South Carolina (July 01, 1836) 1836 This case was taken up yesterday, for the purpose of examining two questions. 1. Whether the plaintiffs take any, and if so, what interest, under the residuary clause of the will of Wm. Johnson, sen. 2. Whether, if they take under that clause, they have a right to avoid the purchases made by Francis Johnson, the executor, at his own sale, as set...   Cases  
Brown v. Brown 18 Tenn. 84, Supreme Court of Tennessee (December 01, 1836) 1836 The bill charges that Peter Akers, of the county of Maury, departed this life on the 15th of September, 1834, leaving a considerable property; that he had no wife; and that Elizabeth, the wife of the defendant Charles V. Brown, was his only child. Peter Akers, before his death, on the 26th of August, 1834, executed a will, by which he devised his...   Cases  
Brown v. Cobb 10 La. 172, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF EAST FELICIANA.   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Brunson v. King 2 Hill Eq. 483, Court of Appeals of Equity of South Carolina (December 01, 1836) 1836 [after making the foregoing statement of facts, and of the questions arising out of them.] Whether trusts are created by deed or will, the rules of interpretation are, in general, the same in the Courts, both of law and Equity. Equity indeed follows the rules prescribed by the Courts of law in regard to the creation and limitation of legal...   Cases  
Burr v. Sim 1 Whart. 252, Supreme Court of Pennsylvania (February 06, 1836) 1836 It is contended, 1st, that by the will of George Craig, the house and lot devised to Doctor Currie, which is the subject of the ejectment, was converted into personal property. 2. That whether personal or real, Doctor Currie took an absolute interest in the estate. 3. That if the real estate was, by the will of George Craig, converted into...   Cases  
Bush v. Martin 7 Leigh 320, Supreme Court of Appeals of Virginia (March 01, 1836) 1836 I think there can be no sound distinction taken between this case and that of Randolph v. Randolph. The principle there decided, is, that the court has no jurisdiction to call before it a remainderman whose right may never come in esse, at the instance of a person in possession, and claiming a right adverse to his. Here, the husband in possession...   Cases  
Cameron v. Boyd's Adm'r 4 Dana 549, Court of Appeals of Kentucky (October 29, 1836) 1836 FROM THE CIRCUIT COURT FOR TRIGG COUNTY. Abner Boyd made his last will and testament, containing the following devises and bequests:-- It is a general rule, in giving effect to wills, that general legacies must yield to specific bequests; but the rule that the will must be so construed as to give effect to every part of it, and carry the intentions...   Cases  
Carey v. Corporation of Washington 5 Cranch C.C. 13, Circuit Court, District of Columbia (November 01, 1836) 1836 Appeal from the judgment of a justice of the peace for the county of Washington. The warrant, dated on the 23d, and returnable on the 24th of November, 1836, was to arrest the defendant, etc. [Isaac N. Carey], to answer to the mayor, board of aldermen and board of common council of the city of Washington in a plea that he render unto them the full...   Cases  
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