TitleCitationYearSummaryMost RelevantTypeStatus
Niolon v. Douglas 2 Hill Eq. 443, Court of Appeals of Equity of South Carolina (December 01, 1836) 1836 The authorities cited at the hearing of Vaughan v. Evans, certainly left on my mind a strong impression that the mere requiring of a release from accepting creditors, would invalidate the assignment of an insolvent debtor. Under the influence of that impression, I put the defendant's counsel to open the argument of this case. The result of a...   Cases  
Noirette v. Diggs's Heirs 9 La. 172, Supreme Court of Louisiana (February 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Ochiltree v. Wright 1 Dev. & Bat.Eq. 336, Supreme Court of North Carolina (June 01, 1836) 1836 It is contended on behalf of the plaintiff, that he is entitled to relief against Wright as well as against Beck, notwithstanding the whole of the assets came to the hands of Beck, and were disposed of by him, because Wright signed the inventory and account of sales, and assented to the sale: for that so far, he was active in enabling his...   Cases  
Ory's Syndics v. David 9 La. 59, Supreme Court of Louisiana (January 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Overton v. Overton 10 La. 466, Supreme Court of Louisiana (October 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF CARROLL.   Cases  
Overton v. Overton's Adm'r 10 La. 472, Supreme Court of Louisiana (October 01, 1836) 1836 APPEAL FROM COURT OF PROBATES, FOR THE PARISH OF CARROLL.   Cases  
Pain v. Perret 10 La. 300, Supreme Court of Louisiana (September 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.   Cases  
Pain v. Plicque 10 La. 304, Supreme Court of Louisiana (September 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING.   Cases  
Patin v. Her Creditors 9 La. 64, Supreme Court of Louisiana (January 01, 1836) 1836 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Perry v. Terrel 1 Dev. & Bat.Eq. 441, Supreme Court of North Carolina (December 01, 1836) 1836 From the very special framing of the bill, it is obvious, that the parties did not propose entering into a general account of the estate, but intended to confine the controversy to the three points, on which particular relief is prayed: we need not therefore say anything upon the general duty of an executor to sell all personal things, except...   Cases  
Phillis v. Gentin 9 La. 208, Supreme Court of Louisiana (March 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Pickett v. Pickett 2 Hill Eq. 470, Court of Appeals of Equity of South Carolina (December 01, 1836) 1836 The testimony respecting the sale of the Wateree lands, leaves no doubt of the invalidity of that sale. The sheriff announced that his sales were over, and thereby dispersed the crowd, among whom was a man of substance who attended to bid, and who only left the ground in consequence of the sheriff's public declaration that he had closed his sales....   Cases  
Polk v. Faris 17 Tenn. 209, Supreme Court of Tennessee (April 01, 1836) 1836 The determination of this cause depends upon the legal effect of the terms used in the deed or bill of sale set forth in the pleadings, which is in the following words. [Here the judge set out the deed as stated in the bill.] The complainants contend that the above deed vests a life estate only in Agnes Brown, and a remainder in the other...   Cases  
Poor v. Poor 8 N.H. 307, Superior Court of Judicature of New Hampshire (December 01, 1836) 1836 The parties in this case were married on the 7th March, 1816. They have no children. The husband is proved to be a man in easy circumstances, and of a hasty and irritable temper. The wife is shown to be a very active and efficient manager of her household affairs, and of a high, bold, masculine spirit; somewhat impatient of control; in a high...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Powell v. Powell 1 Dev. & Bat.Eq. 379, Supreme Court of North Carolina (June 01, 1836) 1836 The possession of the plaintiff's father was under a general bailment, determinable at the will of either party, and no length of possession under that bailment, could avail to give him a title. (Hill v. Hughes, 1 Dev. & Bat. 336.) But upon his death, the bailment necessarily terminated. Whether the possession then taken by his administrator, was...   Cases  
Poydras v. Mourain 9 La. 492, Supreme Court of Louisiana (May 01, 1836) 1836 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Poydras v. Taylor 9 La. 488, Supreme Court of Louisiana (May 01, 1836) 1836 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.   Cases  
Poydras v. Tusson 10 La. 46, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.   Cases  
Rachal v. Rachal 10 La. 460, Supreme Court of Louisiana (October 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF NATCHITOCHES.   Cases  
Reed v. Brashers 3 Port. 378, Supreme Court of Alabama (June 01, 1836) 1836 This was an action of debt, on a penal bond, given by the defendants, to the plaintiff in error. The defendants below craved oyer of the bond and condition, which are set out, in the record; and upon oyer, demurred: judgment was rendered in favor of the demurrer, by the Circuit Court of Shelby County-and the case is brought here, by writ of error....   Cases  
Rhodes v. Rhodes 10 La. 85, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.   Cases  
Rice v. Cade 10 La. 288, Supreme Court of Louisiana (September 01, 1836) 1836 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING.   Cases  
Richardson v. Adams 4 Mo. 311, Supreme Court of Missouri (June 01, 1836) 1836 The case of Davoue v. Fanning, 4 Johns. Ch. R. relied on by defendant was an attempt to open an account settled in a former suit, in which plaintiff was a defendant and in which precisely the same rights and interests of the plaintiff, sought to be enforced in the new suit had been expressly decided. Counsel for the Appellee cited: 1st point....   Cases  
Roney v. Roney 7 Leigh 13, Supreme Court of Appeals of Virginia (January 01, 1836) 1836 In the construction of wills, we must always keep in mind, that the property is the testator's own; that his control over it is only limited by the law; that he may give it in equal or unequal portions among his children, or disinherit, at his will or caprice, any or all of them. We are not to make up our opinion as to what seems to us a just...   Cases  
Ross v. Wharton 18 Tenn. 190, Supreme Court of Tennessee (December 01, 1836) 1836 William T. Ross is the administrator of Wm. D. Thompson, deceased, who, in the summer of 1834, intermarried with Susan S. Fain, the widow and relict of Samuel Fain, deceased. Thompson, in the early part of the year 1835, departed this life, leaving his wife surviving. Her first husband died intestate, and his widow and two infant children, who...   Cases  
Russell's Heirs v. Russell 4 Dana 40, Court of Appeals of Kentucky (April 09, 1836) 1836 FROM THE CIRCUIT COURT FOR BULLITT COUNTY. The bill, and its object. This bill was filed by three of the heirs of Nicholas Russell, senior, deceased, against Thomas Russell, the fourth and only remaining heir, who was also administrator, and against Nicholas Russell, junior, R. D. N. Morgan and the securities of Thomas Russell in his administration...   Cases  
Saul v. Magee 10 La. 39, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS.   Cases  
Scott v. Nelson 3 Port. 452, Supreme Court of Alabama (June 01, 1836) 1836 This is a writ of error from the County Court of Greene County, sitting as a Court of probate, to reverse a decree of said Court, giving a construction to the will of William Bell. The will is in the following words, viz: 1. I will all my real estate to my wife, Elizabeth Bell, for and during her natural life, and, at her death, to be equally...   Cases  
Simmons v. Augustin 3 Port. 69, Supreme Court of Alabama (January 01, 1836) 1836 The action was trespass to try titles, instituted by Martha Augustin, an infant, by her next friend. The object was to recover of Simmons, the premises in dispute, and damages for the detention. A recovery was had accordingly, with a view to reverse which, Simmons prosecutes this writ of error. The bill of exceptions shews that the claim in favor...   Cases  
Simms v. Garrot 1 Dev. & Bat.Eq. 393, Supreme Court of North Carolina (December 01, 1836) 1836 A legacy to the lawful heirs of A., when it appears in the will that he is living, is equivalent, as a description, to a legacy to his next of kin, or to his children. A legacy to the children of A., is to be divided among those born at the death of the testator. A lapsed legacy does not fall into a residue, which is only partial in its nature,...   Cases  
Simpson v. Simpson 4 Dana 140, Court of Appeals of Kentucky (June 06, 1836) 1836 FROM THE CIRCUIT COURT FOR GARRARD COUNTY. Statement of the case. Jesse Simpson and Jane his wife, being mutually dissatisfied, and determined to separate, entered into a written article, by which they undertook to release each other from the obligations imposed by their marriage; and, by the same writing, the husband gave and conveyed to his wife,...   Cases  
Smart v. Waterhouse 18 Tenn. 94, Supreme Court of Tennessee (December 01, 1836) 1836 The bill charges that Richard G. Waterhouse, late of Rhea county, made his will on 1st February, 1827, and shortly afterwards departed this life, leaving Richard and Blackstone his executors, to whom, and to the other defendants, his children, and the complainant Elizabeth, he devised his estate. That the complainant Elizabeth, who was the widow of...   Cases  
Smith's Ex'rs v. Mabry 17 Tenn. 313, Supreme Court of Tennessee (June 01, 1836) 1836 Whether the charge of the circuit court be correct is the only question before us, and we think it is. In a court of law it would never occur to counsel to enquire into the equitable interest in land of any one. The equitable right constitutes no proper subject for investigation in the legal forum. And if there be any action touching a personal...   Cases  
Spann v. Brown Ril. 177, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 The question presented for the consideration of the court, arises under the act of 1827, in relation to the action of trover, which requires the sheriff, on proper affidavit made, to cause the defendant to enter into bond, with sufficient security, (the sheriff himself,) for the production of the chattel sued for, to satisfy the plaintiff's...   Cases  
Sprigg v. Bynum 10 La. 464, Supreme Court of Louisiana (October 01, 1836) 1836 APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING.   Cases  
Stafford v. Villain 10 La. 319, Supreme Court of Louisiana (October 01, 1836) 1836 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES.   Cases  
State v. Ephraim 2 Dev. & Bat. 162, Supreme Court of North Carolina (December 01, 1836) 1836 A jury charged in a case of capital felony, cannot be discharged before rendering a verdict at the discretion of the court, without the prisoner's consent: nor can they, in such case, be discharged, but for evident, urgent, overruling necessity, arising from some matter occurring during the trial, which was beyond human foresight and control; and...   Cases  
State v. Lohmdn Ril. 67, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 In the first of these cases, it will only be necessary to consider and decide the 1st, 3d and 4th grounds of the motion in arrest of judgment; a decision upon them will either decide or supersede all the other grounds made in the case. The 3d Section of the Act of 1834, under which the defendants are indicted, is in the following words, viz:...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Lohmdn 3 Hill (SC) 67, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 Where the verdict does not conform to the indictment, the judgment will be arrested.   Cases  
State v. Union Bank 17 Tenn. 119, Supreme Court of Tennessee (March 01, 1836) 1836 This is a bill filed by the attorney general, in the name of the state, to recover of the Union Bank the bonus agreed, by the eleventh section of the charter, to be paid, and also the dividends which have accrued on the stock owned by the state in the bank. The bank resists the payment of these moneys, alleging that by the seventh section of the...   Cases  
Steptoe's Adm'rs v. Harvey's Ex'rs 7 Leigh 501, Supreme Court of Appeals of Virginia (May 01, 1836) 1836 (Absent Cabell, J.) A contract to take, for the loan of 142 shares of bank stock for a year, thirty additional shares, is not void under the statute against usury; for, the 172 shares to be returned may not, at the time of returning them, be of any greater value than the 142 shares received, at the time of receiving them, with the dividends or...   Cases  
Stewart's Lessee v. Jones 8 G. & J. 1, Court of Appeals of Maryland (June 01, 1836) 1836 J. S. died in 1797, intestate, and seized of two parcels of land, which had descended to her from her father, leaving an only brother, her heir at law. Upon his death without issue, and intestate, it was Held, that though the descent from his sister to him was an immediate descent, according to the principles of common law, it was also mediate from...   Cases  
Stone v. Dennis 3 Port. 231, Supreme Court of Alabama (January 01, 1836) 1836 This was an action of covenant, brought by the defendant in error, against the plaintiff, to recover damages for the breach of a contract entered into between them. The declaration sets out the contract at large; it is very long, and contains many provisions, not necessary to be noticed in this investigation. The substance of so much as is...   Cases  
Strawbridge v. Turner 9 La. 213, Supreme Court of Louisiana (March 01, 1836) 1836 APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Swoope v. Trotter 4 Port. 27, Supreme Court of Alabama (June 01, 1836) 1836 This is a bill in equity, filed by the plaintiff in error, Swoope, against Trotter, as co-security in a guardianship bond for one David J. Poore, as guardian of Wm. W. and Thomas S. Logwood, to compel a contribution; alleging that his co-security had received of their principal, Poore, in payment of the individual debt of Poore to the firm of...   Cases  
Tarkinton v. Alexander 2 Dev. & Bat. 87, Supreme Court of North Carolina (December 01, 1836) 1836 A writ of venditioni exponas directed to the sheriff, for the sale of land levied upon by a sheriff who has gone out of office, will not authorize a sale of the land by such late sheriff; for whatever power is granted by the writ, is given to him to whom it is directed. An ex-sheriff cannot sell lands levied upon by him under a fi....   Cases  
Taylor v. Felps 10 La. 114, Supreme Court of Louisiana (June 01, 1836) 1836 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING.   Cases  
TAYLOR v. TILLOTSON 16 Wend. 493, Court for the Correction of Errors of New York (January 01, 1836) 1836 The charge of the court below, we think, was unobjectionable. The only point about which there can be any question, is as to the true construction of the agreement between the parties, in respect to the sale of the horse. The title undoubtedly passed to the defendant. The consideration was paid, and the horse delivered. There was, therefore,...   Cases  
Thompson v. Meek 7 Leigh 419, Supreme Court of Appeals of Virginia (April 01, 1836) 1836 It was contended by the appellants' counsel, that the grant of administration on the estate of James P. Thompson was merely void, because it does not appear that the executors appointed by the will had ever renounced. I think the objection cannot prevail. The statute declares that if the executors named in any will shall refuse the...   Cases  
Thompson v. Schmidt 3 Hill (SC) 156, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 In an action by the representatives of a trustee, to whom the property in question had been conveyed, against a purchaser at sheriff's sale, under an execution against the grantor, the grantor is a competent witness for the defendant to impeach the deed: he has no interest, either legal or equitable, in the result of the suit: And a daughter of the...   Cases  
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