TitleCitationYearSummaryMost RelevantTypeStatus
Goodwin v. Floyd 18 Tenn. 520, Supreme Court of Tennessee (December 01, 1837) 1837 The points to be determined by this court depend upon the correctness or incorrectness of the charge given to the jury by the court below, and are-- 1. Whether the plaintiffs, William S. and Elisha Floyd, being purchasers of the property in dispute under execution sale, are bound to produce as evidence of their title a bill of sale from the...   Cases  
Gray v. Givens 2 Hill Eq. 511, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 The Court is of opinion that the decree in this case must be affirmed. There is no difference of opinion as to the length of time which is necessary to raise the presumption of an ouster by one tenant in common of his co-tenant. It is urged that the possession of the defendant, during the minority of John H. Jenkins, ought to be taken into account...   Cases  
Gregg v. Bethea 6 Port. 9, Supreme Court of Alabama (June 01, 1837) 1837 Error to the Circuit court of Wilcox county.   Cases  
Gregg v. Harllee Dud.Eq. 42, Court of Appeals of Equity of South Carolina (December 01, 1837) 1837 In a bequest of personal property to a daughter, limited over on the event of her dying, leaving no issue alive,-the words leaving no issue alive, relate to issue living at the time of her death, and the limitation over is good. Very great inadequacy of price would vitiate a contract to purchase property from one, to whom the purchaser stood in...   Cases  
Hall v. Emerson's Curator and Heirs 11 La. 1, Supreme Court of Louisiana (March 01, 1837) 1837 APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Hall v. McHenry 5 Port. 123, Supreme Court of Alabama (January 01, 1837) 1837 On a writ of error to the Circuit Court of Shelby county.   Cases  
Hammond v. Hammond 8 G. & J. 436, Court of Appeals of Maryland (June 01, 1837) 1837 H, by his will dated in 1828, devised and bequeathed to his wife, one-third part of his real and personal estate, and to his two sons, Henry and Nathan, in fee simple, all his real property in the city of Annapolis. To another son, and his heirs for ever, he gave his plantation in Anne Arundel county; and all the rest and residue of his estate,...   Cases  
Hansford v. Elliott 9 Leigh 79, Supreme Court of Appeals of Virginia (December 01, 1837) 1837 The main question in this cause arises on the bequest in the will of the testator Robert Manson, that at the death of his wife, the whole of his personal estate (which he had bequeathed to his wife for life) should be equally divided among his surviving children thereafter named, &c. And the question is, whether the words surviving children shall...   Cases  
Harrell v. Hoskins 2 Dev. & Bat. 479, Supreme Court of North Carolina (December 01, 1837) 1837 We collect from the transcript in this case, that a general verdict was rendered for the plaintiff, subject to the opinion of the Court, upon a case agreed, as to the legal construction of the will of William Gatling the elder. If under that will William Gatling the younger took a fee simple in the lands in controversy, it was agreed that judgment...   Cases  
Hart v. Wright 17 Wend. 267, Supreme Court of Judicature of New York (January 01, 1837) 1837 A general sale of merchandise for a sound price, does not raise an implied warranty that the article is fit for all the purposes to which it is ordinarily applied; thus, where a starch manufacturer bought a quantity of flour at the highest market price, without disclosing the use for which it was intended, and after delivery found that it was made...   Cases  
Hart v. Wright 17 Wend. 267 (January 01, 1837) 1837 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...   Trial Court Orders  
Haskins v. Young 2 Dev. & Bat. 527, Supreme Court of North Carolina (December 01, 1837) 1837 A warrant for the apprehension of a man's person cannot be rightfully altered after it has finally left the hands of the magistrate who issued it. And if it be altered by another magistrate after it has been so issued, by inserting the name of another person to be apprehended, it will be no justification to the officer who executes it for taking...   Cases  
Hatchell v. Odom 2 Dev. & Bat. 302, Supreme Court of North Carolina (June 01, 1837) 1837 However clearly it is settled with us, that a judgment of nonsuit, when submitted to in deference to the opinion of the Court, may be reversed on appeal as erroneous, it has not been, and, we think, ought not to be held, that the refusal of the Court to nonsuit a plaintiff can be assigned for error. The Court is never bound to order a nonsuit, if...   Cases  
Hebert's Heirs v. Hebert's Legatees 11 La. 361, Supreme Court of Louisiana (September 01, 1837) 1837 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF LAFAYETTE.   Cases  
Hendricks' Curator v. Mon 11 La. 137, Supreme Court of Louisiana (May 01, 1837) 1837 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS.   Cases  
Henry v. Archer Bail.Eq. 535, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 Bequest of personalty to testator's daughter, to her, and the lawful issue of her body, forever; but if any of testator's sons or daughters should die without leaving lawful issue of their bodies alive, then their part of the estate to be equally divided amongst testator's then surviving children. Held, that the issue were intitled as purchasers....   Cases  
Hill v. Hill Dud.Eq. 71, Court of Appeals of Equity of South Carolina (December 01, 1837) 1837 A gift of personal property was made by deed, to four of the donor's children separately, and by separate clauses, with a limitation over to the survivors upon the event of either one or more of them dying without a lawful issue;- held that such limitation was valid. The limitation to a survivor only, implies an intent to confer a personal benefit,...   Cases  
Hilton v. Crist 5 Dana 384, Court of Appeals of Kentucky (October 03, 1837) 1837 FROM THE CIRCUIT COURT FOR BULLITT COUNTY. Statement of the case. In 1820, Henry Crist, Wm. F. Hilton and John Leeright entered into an injunction bond, as the sureties of Elijah Cartmell, and received, for their indemnity, a mortgage of Cartmell's interest in two tracts of land, in relation to the first of which, the mortgage states, that a suit...   Cases  
Hobbs v. Bush 2 Dev. & Bat. 508, Supreme Court of North Carolina (December 01, 1837) 1837 Upon a motion to be admitted a party to a suit under the act of 1798 (1 Rev. Stat. c. 2, sect. 4,) suggesting that the person moving had married the feme sole plaintiff, any objections to the validity of the marriage must be then made, or on an application afterwards made for rescinding the order of admission as having been improvidently made. But...   Cases  
Hoffman v. Coster 2 Whart. 453, Supreme Court of Pennsylvania (April 17, 1837) 1837 THE COURT having ordered an argument upon the point, whether, supposing Boyer to have been a competent witness, his testimony was admissible to prove that Charles Snowden purchased at the sheriff's sale, in trust for his brother Nathaniel, the question was accordingly argued at this term, by Mr. Sergeant for the defendants, and Mr. Porter for the...   Cases  
Hoover's Lessee v. Gregory 18 Tenn. 444, Supreme Court of Tennessee (December 01, 1837) 1837 The facts of this case are presented in the agreement of the parties, which is as follows, to wit: It is agreed in this case that Philip Hoover was the owner of the house and lot in the declaration mentioned and described, at the time of his death; that he died in the year 1831, having made a will which was duly proven and recorded, and a copy of...   Cases  
Hope v. Hutchins 9 G. & J. 77, Court of Appeals of Maryland (June 01, 1837) 1837 We think that the judgment rendered by Harford county court in this case was correct, and ought to be affirmed. It is a rule of reason and justice, as well as a well settled doctrine of our jurisprudence, that in all cases of contracts, deeds, and wills, the intention of the parties shall prevail, unless it violates or infringes some established...   Cases  
Isaac v. Clarke 9 G. & J. 107, Court of Appeals of Maryland (December 01, 1837) 1837 An appeal from the judgments of the county courts will not lie in all cases where a writ of error would lie. The act of 1713, ch. 4, applies only to civil cases, and consequently does not embrace proceedings in cases of forcible entry and detainer. A certiorari having issued from the county court to bring before them certain proceedings which had...   Cases  
James v. Bird's Adm'r 8 Leigh 510, Supreme Court of Appeals of Virginia (July 01, 1837) 1837 (Absent Cabell and Brockenbrough, J.) A party who, to hinder and delay his creditors, fraudulently conveys his property to another, cannot, except under peculiar circumstances, maintain a bill to rescind the contract. The grantor and grantee being generally in pari delicto, neither is entitled to come into equity. The vendor of personal property...   Cases  
Janin v. His Creditors 10 La. 554, Supreme Court of Louisiana (February 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Johnson v. Beauchamp 5 Dana 70, Court of Appeals of Kentucky (April 08, 1837) 1837 CROSS WRITS OF ERROR. FROM THE CIRCUIT COURT FOR BUTLER COUNTY. The defendants in error, as constituting one of two stocks of the legatees of Robert Moore, deceased, having obtained, in a joint suit in chancery, a several decree for about two thousand three hundred dollars to each, against Francis Johnson, executor of the will of said testator, and...   Cases  
Junkins v. Simpson 14 Me. 364, Supreme Judicial Court of Maine (April 01, 1837) 1837 Where one exchanges a chattel, previously mortgaged by him, without disclosing the existence of the mortgage, the other party has a right to regard it as fraudulent. Such contract is not absolutely void, but voidable only at the election of the party defrauded. The party having such election must rescind the contract wholly, or in no part; he...   Cases  
Karr's Adm'r v. Karr 6 Dana 3, Court of Appeals of Kentucky (October 28, 1837) 1837 FROM MADISON COUNTY COURT. Statement of the case. On the 30th of August, 1824, William Karr, the second, was appointed administrator, with the will annexed, of William Karr, the first, in the room of Robert A. Sturgis, deceased. And on the 6th day of December, 1827, he was appointed the guardian of William Karr, junior, orphan of the first William...   Cases  
Kemp's Heirs v. Kemp's Ex'rs 11 La. 19, Supreme Court of Louisiana (March 01, 1837) 1837 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF ST. HELENA.   Cases  
Kimball v. Kimball 1 Howard 532, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 B, in a marriage contract with A, secured to herself the separate use of her property during life, and the power to dispose of it at her death, but died without making any disposition thereof: Held, the property vested in the husband on the death of the wife.   Cases  
King v. Clarke 2 Hill Eq. 611, Court of Appeals of Equity of South Carolina (May 01, 1837) 1837 The plaintiff in his character of administrator of David Clark, is not entitled to avoid the gifts or contracts of his intestate, on the ground that they were made in fraud of creditors. An administrator is the mere representative of his intestate. Wherever the intestate would be bound, the administrator is bound. In this case, unless David Clarke...   Cases  
King's Ex'rs v. Sheffey's Adm'r 8 Leigh 614, Supreme Court of Appeals of Virginia (August 01, 1837) 1837 The testator in this case gave to his wife one third part of the rents and profits of his Fincastle property, for her life, leaving the other two thirds during her life undisposed of, except that he constituted that property the fund for paying his debts. He then says, To the children of my son and daughter Conally and Nancy Finlay, I give...   Cases  
Laclotte's Heirs v. Labarre 11 La. 179, Supreme Court of Louisiana (May 01, 1837) 1837 APPEAL FROM THE PROBATE COURT FOR THE PARISH AND CITY OF NEW-ORLEANS.   Cases  
Lavina v. Duffield's Ex'rs 19 Tenn. 117, Supreme Court of Tennessee (September 01, 1837) 1837 John Duffield, of Davidson county, made his last will and testament on the 6th of March, 1807, in which, after providing for the payment of his debts, there was the following disposition relative to the residue: All to belong and be at my loving wife, Elizabeth Duffield's, disposal and command, during her lifetime; and, at her death, all the...   Cases  
Lazarus v. Commonwealth Ins. Co. 19 Pick. 81, Supreme Judicial Court of Massachusetts (March 01, 1837) 1837 A policy of insurance on a steamboat valued at double the sum insured, was procured by an agent of the owner, the plaintiff, payable in case of loss to the agent, who, at the time of procuring the insurance and at the time when the vessel was lost, was a creditor of the plaintiff, and in whose hands the policy remained until after the loss. The...   Cases  
Lee v. Campbell 6 Port. 249, Supreme Court of Alabama (June 01, 1837) 1837 Error to the Circuit court of Montgomery county.   Cases  
Lester v. Frazer 2 Hill Eq. 529, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 The first question which arises in this case, is whether the real estate of the late Mrs. Frazer, the wife of the Rev. Hugh Frazer, included in her marriage settlement, made in 1790, when she was a minor, passed and goes under that instrument, and according to his provisions; or descended to her son, the late B. P. Frazer, her only child, and was...   Cases  
Lindsey v. Stevens 5 Dana 104, Court of Appeals of Kentucky (April 11, 1837) 1837 FROM THE CIRCUIT COURT FOR MADISON COUNTY. Statement of the case. Lindsey recovered a judgment against Elizabeth Stevens, on a note, in the Madison Circuit Court. She filed her bill, enjoining the judgment, alleging that a large debt was due her, for the maintenance of her children; that Lindsey had been appointed their guardian, and had assigned...   Cases  
Livaudais v. Perret 11 La. 294, Supreme Court of Louisiana (June 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Lucket v. Lucket 11 La. 241, Supreme Court of Louisiana (June 01, 1837) 1837 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.   Cases  
Lynch v. Commonwealth 6 Watts 495, Supreme Court of Pennsylvania (September 01, 1837) 1837 In the absence of any direction from the plaintiff, a sheriff pursues the exigency of his writ of fieri facias by selling goods levied on at a public sale, and if he be guilty of no fraud or neglect in relation to such sale, is not answerable to the plaintiff, although the goods may have brought an inadequate price. ERROR to the Common Pleas of...   Cases  
Lytle v. Etherly 18 Tenn. 389, Supreme Court of Tennessee (December 01, 1837) 1837 The complainant and defendant are both creditors of Isaac Earthman, and the property in dispute is the only means he has for the payment of his debts, and which is not sufficient to satisfy the demand o?? either claimant. The defendant, in addition to his right as a creditor, claims the property by virtue of a purchase at execution sale, which...   Cases  
Maggort v. Hansbarger 8 Leigh 532, Supreme Court of Appeals of Virginia (July 01, 1837) 1837 (Absent Cabell, J.) A special plea is offered, and the plaintiff objects to its being filed, but the ground of his objection does not appear. The record only shews that the special plea was filed a year after the general issue had been pleaded. An appellate court cannot say that the plea was improperly received. A defendant is not inhibited from...   Cases  
Mahala v. State 18 Tenn. 532, Supreme Court of Tennessee (December 01, 1837) 1837 The right of trial by jury has always been regarded by the English and American jurists as one of the most sacred principles of the law, one to which the citizen is more deeply indebted than to any other for that security to life, liberty, and property guaranteed in Great Britain and the United States to an extent unknown in other countries, and...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Marlatt v. Levee Steam Cotton Press Co. 10 La. 583, Supreme Court of Louisiana (February 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT.   Cases  
Martin v. Harbin 2 Dev. & Bat. 504, Supreme Court of North Carolina (December 01, 1837) 1837 We have examined this case, and are unable to discover any error in the charge of the Court to the jury. It is a case completely within the principle decided by this Court in Powell v. Powell, 1 Dev. & Batt. Eq. Rep. 379. The judgment must be affirmed.   Cases  
Mary v. State 5 Mo. 71, Supreme Court of Missouri (September 01, 1837) 1837 At a special term of the Circuit Court for the county of Crawford, holden on the 16th day of August, 1837, the grand jury of that county found an indictment against Mary for the murder of a child of a Mr. Brinker. There are two counts in the indictment; the first lays the killing to be done with a stick of wood by beating; the second charges the...   Cases  
Maupin's Ex'r v. Dulany's Devisees 5 Dana 589, Court of Appeals of Kentucky (October 25, 1837) 1837 FROM THE CIRCUIT COURT FOR MADISON COUNTY. Statement of the case. The decree which this writ of error seeks to reverse was rendered in favor of the children of William Dulany, deceased, against the personal representatives of Daniel Maupin, deceased, their testamentary guardian, appointed by their father's will, published and admitted to record...   Cases  
May v. Boisseau 8 Leigh 164, Supreme Court of Appeals of Virginia (March 01, 1837) 1837 A negotiable note is indorsed by the defendant first, and by the plaintiff after him, and discounted at bank for the accommodation of the maker. At its maturity a like note made and indorsed as before, for the purpose of continuing the accommodation, is offered for discount at the same bank, and by the board of directors is ordered to be...   Cases  
Mayor, Aldermen and Commonalty of City of New York v. Miln 36 U.S. 102, Supreme Court of the United States (January 01, 1837) 1837 The act of the legislature of New York provides, in the first section, that the master of any ship or vessel arriving in the port of New York from any country of the United States, or from any other state of the United States, shall, within twenty-four hours after his arrival, make a report, in writing, to the mayor of the city of New York, or, in...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
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