TitleCitationYearSummaryMost RelevantTypeStatus
Bowling's Heirs v. Dobyns' Adm'rs 5 Dana 434, Court of Appeals of Kentucky (October 06, 1837) 1837 FROM THE CIRCUIT COURT FOR MASON COUNTY. Charles Dobyns and Samuel Bowling having associated themselves together, as partners, for the purpose of driving hogs to Virginia, for sale, and Dobyns having died before his return to Kentucky, his administrators brought this suit in Chancery, for the settlement of the partnership accounts. The bill--its...   Cases  
Britton v. Johnson Dud.Eq. 24, Court of Appeals of Equity of South Carolina (December 01, 1837) 1837 Whilst any part of a cause remains in Court, the Court will review its own decrees on a proper showing, by a re-hearing, according to the English practice. A party is not bound to appeal from an interlocutory decree on the merits, but may wait for the final decree; and then on an appeal from that, all interlocutory decrees affecting the merits, are...   Cases  
Brown v. Spann 3 Hill (SC) 324, Court of Appeals of Law of South Carolina (May 01, 1837) 1837 In an action brought on a bond given by the plaintiff in trover in pursuance of the Act of 1827, to be answerable for all damages which the defendants may sustain by any illegal conduct in commencing and conducting the said action of trover, the mere fact that the defendant in trover had a verdict, does not constitute a breach of the...   Cases  
Buford v. Pawling's Ex'rs 5 Dana 283, Court of Appeals of Kentucky (May 02, 1837) 1837 FROM THE CIRCUIT COURT FOR GARRARD COUNTY. Statement of the case. In November, 1797, Henry Pawling bound himself, under the penalty of fifty pounds, to convey to William Dryden, when thereunto reasonably requested, a tract of land described by metes and bounds. In August, 1817, Thomas Buford, as assignee of this obligation, brought an action of...   Cases  
Burckmyer v. Mairs Ril. 208, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 It was insisted on the argument here, that the bona fides of the settlement could not be questioned in a case between a creditor and the administratrix. It is true, that the defendant, as administratrix, could not object to the settlement, on the ground, that it was voluntary, and would defeat the rights of creditors in a case in which she was...   Cases  
Burke v. Clarke 11 La. 206, Supreme Court of Louisiana (May 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Burns v. Evans 3 Hill (SC) 294, Court of Appeals of Law of South Carolina (May 01, 1837) 1837 A debtor, who, since his arrest, has removed his property out of the State, is not, under the prison bounds Act, entitled to his discharge from confinement until the property contained in his schedule is produced and delivered to his assignee. The Act of 1833 is imperative in this respect, if it be, or has been, in his power to deliver the property...   Cases  
Burt v. Kimbell 5 Port. 137, Supreme Court of Alabama (January 01, 1837) 1837 On a writ of error to the Circuit Court of Morgan.   Cases  
Cable v. Martin 1 Howard 558, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 Administrators are prohibited by statute from selling the property of intestates, in any other manner than at public sale. The acts of administrators are only legal, so far as they are in pursuance of law. A vendee does not acquire any right to property sold by an administrator at private sale. Objections cannot be taken to the jurisdiction of a...   Cases  
Carter v. Bennett Ril. 287, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 The motion for a new trial must be granted. The plaintiff, a vendue master, had the right under the vendue act, to bring this action; but he occupies the position of every other plaintiff on record, and cannot be a witness in his own cause, unless he comes within the provisions of a special act of the legislature giving him such right. He has shewn...   Cases  
Carter v. Leeper 5 Dana 261, Court of Appeals of Kentucky (April 29, 1837) 1837 FROM THE CIRCUIT COURT FOR HICKMAN COUNTY. Andrew Leeper having obtained a judgment by default against Henry Carter, for one hundred and forty dollars in notes on the Bank of the Commonwealth, in an action of covenant, on an obligation given in September, 1826, for two hundred dollars, in such notes, to be paid on the 1st of March, 1827, and on...   Cases  
Carter v. Wilson 2 Dev. & Bat. 276, Supreme Court of North Carolina (June 01, 1837) 1837 An entry in a cause pending in Virginia, whereby, by the consent of parties, the suit is dismissed, and the defendant adjudged to pay the plaintiff his costs, not being in that state a bar to a subsequent suit for the same cause of action, is not so here: neither is the entry of the payment of the costs, in the absence of all other proof, evidence...   Cases  
Chapman v. Morris 9 G. & J. 101, Court of Appeals of Maryland (December 01, 1837) 1837 A party who sells property and receives the proceeds thereof as the agent of another, who held the same in trust, is liable to said trustee, in an action for money had and received, notwithstanding the cestui que trust knew of, and consented to the sale. The mere circumstance of the cestui que trust knowing of and consenting to the sale, would not...   Cases  
Childress v. McCullough 5 Port. 54, Supreme Court of Alabama (January 01, 1837) 1837 In error to the Circuit Court of Tuskaloosa county.   Cases  
Churchill's Heirs v. Akin's Adm'r 5 Dana 475, Court of Appeals of Kentucky (October 10, 1837) 1837 FROM THE CIRCUIT COURT FOR GREEN COUNTY. Statement of the case. The infant children and heirs of John Churchill, deceased, suing by their next friend, filed this bill against Thomas Akin, the administrator, and Caroline Churchill, the widow of the decedent, praying for an account and distribution of his estate, and for other appropriate relief. The...   Cases  
Clagett v. Hall 9 G. & J. 80, Court of Appeals of Maryland (June 01, 1837) 1837 The testator directed that the whole of his estate should be kept together for the payment of debts. He then devised certain lands to his son in fee, and certain other lands to the same son and another, in fee, in trust, for the separate use of his daughter (a feme covert) and her children, and authorized the trustees to sell the trust estate in...   Cases  
Clayton v. Liverman 2 Dev. & Bat. 558, Supreme Court of North Carolina (December 01, 1837) 1837 This is a very singular case, and presents for determination, questions, which, as far as we are informed, have not before been agitated in our country. These are, 1st, whether the paper writing offered for probate, and found to be jointly executed by Martha Liverman and Sarah Liverman, can be admitted to probate as the joint will of the said...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Coburn v. Magwood Ril.Eq. 187, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 The first question is, whether there is error in that part of the decree, which directs that the legatees, who purchased, but have not complied with the terms of the sale, do either pay to the Commissioner the amount of the bids, or that the property be resold. I apprehend, it is not only competent for the Court to carry its order for sale into...   Cases  
Cole v. Broom Dud. 7, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 In all civil suits in this State concerning personal chattels, where the title has been acquired, or upon contracts which have been made in another State or country, reference is constantly made to the law of the place, when it constitutes part of the title to the property, or is necessary to the proper construction of the contract. In an action of...   Cases  
Conway v. Williams' Adm'r 10 La. 568, Supreme Court of Louisiana (February 01, 1837) 1837 [Reported and annotated in 29 Am. Dec. 466.] APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF WEST FELICIANA.   Cases  
Cook v. Davis Dud. 67, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 A written request from A to B, to pay a sum of money for the former, will not authorize C, who advances it, to recover the same from A, in an action brought in B's name for money paid, laid out, and expended, Nor would the action derive any additional support from the declaration of the defendant, that he would have settled it if the plaintiff had...   Cases  
Copeland v. Bennet 18 Tenn. 355, Supreme Court of Tennessee (December 01, 1837) 1837 Upon the facts presented in this record two questions are presented. 1. Is the title of Bennet, if he had any, a mortgage or an absolute conveyance? That it is a mortgage we cannot doubt; all the circumstances show, and the parties admit, that it was so originally, but say that the equity of redemption was released before Bennet knew of...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
CORNING v. GOULD. 16 Wend. 530, Supreme Court of Judicature of New York (January 01, 1837) 1837 Whether the original documental title of those under whom these parties claim, carried a right in severalty to each owner in the soil of one half the alley, it is not now material to inquire; for there is no doubt that the user had fixed the title to a common right of way, long before 1825, when the building of Craig was erected. An uninterrupted...   Cases  
Couch v. Campbell 6 Port. 262, Supreme Court of Alabama (June 01, 1837) 1837 Error to the Circuit court of Montgomery.   Cases  
Dargan & Bradford v. Richardson Dud. 62, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 An undivided residuary interest in remainder of personal property, is not subject to levy and sale; and the assignee of such interest, prior to a division, cannot be affected by the lien of pre-existing judgments. A fi. fa. can have no lien upon any interest in personal property, unless it be of such a character that the sheriff can levy upon it,...   Cases  
Davidson & Simpson v. Graves Ril.Eq. 219, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 On examining this case, it seems to me, that it will be better understood by first stating, in a plain way, the facts necessary to a decision of the claim made by Sir James Roupel Colleton, and then the views of the Court upon the case so made. By the deed of the 23d of November, 1815, (commonly called the Bristol deed,) Admiral and Lady Graves,...   Cases  
Davis v. Gist Dud.Eq. 1, Court of Appeals of Equity of South Carolina (December 01, 1837) 1837 A purchase by an executor (who is also an heir and devisee) of the lands of a testator, and a conveyance to himself by the Commissioner in Equity, for his own benefit, and for that of the other heirs and devisees with their privity and assent, vests in them the legal title, and they will be bound by the purchase. If he so act without their privity...   Cases  
Davis v. Gully 2 Dev. & Bat. 360, Supreme Court of North Carolina (June 01, 1837) 1837 Several points were made here in support of the opinion below: but we deem it necessary to notice one only, for that appears to us to be decisive. The condition is not for the payment of such damages as shall be sustained by the plaintiff for wrongfully instituting the suit in equity, but for the payment of such as shall be recovered by the...   Cases  
Drake & Mitchell v. Boyce & Henry Ril. 222, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 The plaintiffs' first and fourth grounds, present the question, whether the judge below erred in refusing to permit the plaintiffs to give in evidence, two papers signed by the defendants, after the case had been closed, on one day, and adjourned over to the next for argument. We are unanimously of opinion, that in this respect the judge did not...   Cases  
Draughon v. French 4 Port. 352, Supreme Court of Alabama (January 01, 1837) 1837 In error to a decree of the Circuit Court of Monroe County, exercising Chancery jurisdiction.   Cases  
Driver v. Fortner 5 Port. 9, Supreme Court of Alabama (January 01, 1837) 1837 The questions of fact, arising upon the bill and answer, touching which they are in conflict, and which are to be determined by the proof in the cause, are these: FirstDid the plaintiff fraudulently prevent the defendant, by false statements or otherwise, from complying with the conditions of the order, for the issuance of an injunction?...   Cases  
Duncan v. Tobin Ril.Eq. 64, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 There is no doubt that the intention, to be gathered from the whole face of the will, must govern. And that the leading purposes of the testator should be consulted, rather than those which appear to have been secondary. The difficulty is not about the principles of construction, but the application, of them. A good index of a testator's general...   Cases  
English v. Clerry 3 Hill (SC) 279, Court of Appeals of Law of South Carolina (May 01, 1837) 1837 General principles upon which new trials are granted. The granting of a new trial must depend upon the legal discretion of the court, guided by the nature and circumstances of the particular case, and directed with a view to the attainment of justice. Where the plaintiff brought his action against his lessee for injuring the premises, by cutting...   Cases  
Fadeley v. Weatherby's Ex'rs 8 Leigh 29, Supreme Court of Appeals of Virginia (February 01, 1837) 1837 (Absent Tucker, P.) By deed of settlement before marriage, the wife's estate is conveyed to the use of the husband during the joint lives of husband and wife, and thereafter to be at her sole disposal; and the husband's estate, from and after his death, is conveyed to the use of the wife for her life: after the marriage, the husband and wife agree...   Cases  
Felton v. Billups 1 Dev. & Bat.Eq. 584, Supreme Court of North Carolina (December 01, 1837) 1837 In construing wills, the leading rule is, that the intention of the testator should be observed; and that no parts of a will to which a meaning or operation can be given, shall be rejected. It sometimes happens, that a whole sentence in a will is rendered uncertain or unintelligible, from the circumstance of the testator's having used the...   Cases  
Felton v. Billups 2 Dev. & Bat. 308, Supreme Court of North Carolina (June 01, 1837) 1837 Josiah Rogerson was the owner in fee of the land in dispute. He made his will, and devised the lands as set forth in the case. It is admitted by the parties, that the lessor of the plaintiff is heir at law both to the testator Josiah, and also to the ulterior devisee, Jeremiah Rogerson, in case he could in law, take the land as executory devisee....   Cases  
Fennessy v. Gonsoulin 11 La. 419, Supreme Court of Louisiana (September 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT FOR THE PARISH OF ST. MARTIN, THE JUDGE OF THE SEVENTH PRESIDING.   Cases  
Ferebee v. Procter 2 Dev. & Bat. 439, Supreme Court of North Carolina (June 01, 1837) 1837 The premises descended to the testator's two children, unless they are devised in the will to Sawyer, the executor, or to the wife and children. We think with his Honor, that no estate is given to the executor, but only a power to sell, coupled with a trust for the payment of the debts and legacies. The words are, I leave my lands, not given away,...   Cases  
Ferrari's Adm'x v. Lambeth 11 La. 101, Supreme Court of Louisiana (May 01, 1837) 1837 APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Fisher v. Allen 2 Howard 611, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 By the act of the legislature of 1830, abolishing the tribal customs of the Chickasaw Indians, and extending the laws of this state over their territory, it is enacted, that all marriages and matrimonial connections entered into by virtue of any custom or usage of the Indians. and by them deemed valid, shall be held as valid and obligatory as if...   Cases  
Floyd v. White Dud.Eq. 40, Court of Appeals of Equity of South Carolina (December 01, 1837) 1837 Costs are generally allowed against a complainant, where a bill is filed for a discovery, and dismissed for the want of it. An executor praying a discovery of matters arising after the death of the testator, as well as those which existed before, is not exempt from this rule.   Cases  
Fogg v. Middleton 2 Hill Eq. 591, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 Under the decided cases, the delivery of the bond would have been established upon even less evidence than was furnished on the trial. As it is, the proof fully sustains the Chancellor's conclusion on the fact. The law of the case seems to admit of little doubt. Cases have been quoted to shew that Equity will not aid a mere volunteer, where no...   Cases  
Ford v. Caldwell Ril. 277, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 I do not wish to be understood as laying down the broad proposition, that detinue will not lie against one out of possession of the chattel sued for, at the commencement of the suit; for there are cases where detinue will lie against one out of possession, at the time of action brought; and there also many cases where it will not lie, where the...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Ford v. Caldwell 3 Hill (SC) 242, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 Detinue may lie against one out of possession, where he has once had the rightful possession, and has culpably parted with it; but where he has been deprived of possession by authority of law, or parted with it without any intentional derogation of the right of the owner, detinue will not lie, although the party might be liable in a different form...   Cases  
Forest v. Shores 11 La. 416, Supreme Court of Louisiana (September 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING.   Cases  
Foster v. Calhoun Dud. 75, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 The consideration stated in a bill of sale, does not conclude the warrantor. In an action against him on the warranty of title, he may show by parol, that no consideration passed, that he purchased the property as the agent of the plaintiff, and executed the bill of sale to him to transfer the right. Though this evidence may not be clearly...   Cases  
Foster v. Foster 11 La. 401, Supreme Court of Louisiana (September 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE THEREOF PRESIDING.   Cases  
Foutelet v. Dugas 11 La. 49, Supreme Court of Louisiana (April 01, 1837) 1837 APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE OF THE FOURTH DISTRICT PRESIDING.   Cases  
Gibbs v. Mennard 6 Paige Ch. 258, Chancery Court of New York (January 01, 1837) 1837 From the facts which are stated in the bill, and in the affidavits in this case, independent of the denial of the defendant in his answer that the complainant ever signed the bond as his surety either by his consent or with his knowledge, which I lay entirely out of view, as it appears to be doubtful whether the answer was regularly before the vice...   Cases  
Goddin v. Crump 8 Leigh 120, Supreme Court of Appeals of Virginia (March 01, 1837) 1837 The commonwealth of Virginia having long desired to effect a complete line of transportation from the navigable waters of the Ohio to the city of Richmond, and having with this view constructed certain works on portions of the route, subsequently incorporates a joint stock company to accomplish the object, to which company the works of the...   Cases  
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