| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| McBurney v. Flagg |
11 La. 333, 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 |
|
| McCoy v. Moss |
5 Port. 88, Supreme Court of Alabama (January 01, 1837) |
1837 |
On a writ of error to the Circuit Court of Chambers county. |
|
Cases |
|
| McGinney v. Wallace |
Ril. 290, Court of Appeals of Law of South Carolina (February 01, 1837) |
1837 |
In this case, I am of opinion the nonsuit should be set aside. I am entirely satisfied with the case of Pitts vs. Mangum, 2 Bailey, 588. Every parol gift must take effect immediately, or at least, the donor must part from the title, at the time of delivery. If he reserves to himself a dominion beyond the control of the donee, the title still... |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| McGraw v. Davenport |
6 Port. 319, Supreme Court of Alabama (June 01, 1837) |
1837 |
Error to the circuit court of Autauga County. |
|
Cases |
|
| McNutt v. Young |
8 Leigh 542, Supreme Court of Appeals of Virginia (July 01, 1837) |
1837 |
This case was an action of slander, for words charging that the plaintiff had sworn to a lie in a certain judicial proceeding, to which action the defendant pleaded not guilty, and a special plea of justification. After proof had been given by the plaintiff in support of the declaration, and for the purpose of proving that the defendant had uttered... |
|
Cases |
|
| Mead v. Steger |
5 Port. 498, Supreme Court of Alabama (June 01, 1837) |
1837 |
Error from the Circuit Court of Jackson county. |
|
Cases |
|
| Mead v. Young |
2 Dev. & Bat. 521, Supreme Court of North Carolina (December 01, 1837) |
1837 |
An arrest is an actual interference with the person, or a compulsory restraint of it. But these terms are not identical; and where an officer, having a warrant, went to the defendant, and informing him of the fact, said to him, do you submit? and he answered, certainly, and went with the officer before a magistrate, and... |
|
Cases |
|
| Melchor v. Burger |
1 Dev. & Bat.Eq. 634, Supreme Court of North Carolina (December 01, 1837) |
1837 |
Ever since the case of Noyes v. Mordaunt, which was decided in 1706, (2 Ves. 581,) it has been holden for an established principle of equity, that where a testator by his will confers a bounty on one person, and makes a disposition in favour of another prejudicial to the former, the person thus prejudiced shall not insist upon his old right, and at... |
|
Cases |
|
| Michel's Heirs v. Michel's Curator |
11 La. 149, Supreme Court of Louisiana (May 01, 1837) |
1837 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF ASSUMPTION. |
|
Cases |
|
| Mitchell v. Miller |
6 Dana 79, Court of Appeals of Kentucky (November 07, 1837) |
1837 |
FROM THE CIRCUIT COURT FOR WARREN COUNTY. Statement of the case. In April, 1819--Archibald Miller being the administrator of the assets of David Maxwell, who had died in 1819, and the widow of the intestate being the guardian of his only children, four infants--an order, purporting to have been ex officio, and without any motion for that purpose,... |
|
Cases |
|
| Montgomery v. Norris |
1 Howard 499, High Court of Errors and Appeals of Mississippi (January 01, 1837) |
1837 |
Courts of equity will not enforce contracts unless they are certain in terms, and the rule applies with additional force between representatives of contracting parties. An appeal may be taken from chancery upon a decision on demurrer, and the defendants are not bound to answer before decision on the appeal. |
|
Cases |
|
| Moore & Nesbit v. Lanham |
3 Hill (SC) 299, Court of Appeals of Law of South Carolina (May 01, 1837) |
1837 |
Both by the civil and common law, there is an implied warranty of title on the part of the vendor of personal property, for breach of which the vendee is entitled to redress. There has been much difference in the adjudged cases, especially in regard to real estate, whether the vendee could maintain an action on the warranty, or resist an action for... |
|
Cases |
|
| Morgan v. Police Jury |
11 La. 157, Supreme Court of Louisiana (May 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. |
|
Cases |
|
| Morrill v. Wallace |
9 N.H. 111, Superior Court of Judicature of New Hampshire (December 01, 1837) |
1837 |
There is no particular form of words necessary in order to constitute a warranty. If the vendor, in a sale of chattels, make any assertion, or affirmation, respecting the kind, quality, or condition of the article, upon which he intends the vendee should rely as a fact, and upon which he does rely, that is a warranty. Mere expression of judgment or... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Moss v. Moore |
3 Hill (SC) 276, Court of Appeals of Law of South Carolina (May 01, 1837) |
1837 |
It is not necessary that there should be an actual manual seizure and removal of property, to constitute a levy and vest title in the sheriff: it is enough that the sheriff, having the execution in his hands, within reach of the property, should, with the assent of the defendant in execution, endorse the levy on the execution. And permitting the... |
|
Cases |
|
| Mott v. Danforth |
6 Watts 304, Supreme Court of Pennsylvania (January 01, 1837) |
1837 |
An action on the case against two individuals for agreeing and conspiring with a third person to defraud his creditors may be maintained, when, in pursuance of such agreement, the defendants took assignments of his property, and aided him in getting out of the state, by which means the plaintiff was defrauded and prevented from recovering his debt.... |
|
Cases |
|
| Moultrie v. Jennings |
2 McMul. 508, Court of Appeals of Law of South Carolina (April 01, 1837) |
1837 |
It is now the settled law of the land, that a voluntary conveyance of a personal chattel, is good against a subsequent purchaser with notice, where there is no fraud in the gift. 2. The Act of the Legislature passed in 1832, on the subject of parol gifts, was never intended to do more than prescribe a rule to govern future cases. Its application... |
|
Cases |
|
| Mourain v. Beauvais |
10 La. 477, Supreme Court of Louisiana (February 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. |
|
Cases |
|
| Mulhollan v. Eaton |
11 La. 291, Supreme Court of Louisiana (June 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Nathan v. Gardere |
11 La. 262, Supreme Court of Louisiana (June 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| O'Donogan v. Knox |
11 La. 384, Supreme Court of Louisiana (September 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, FOR THE PARISH OF ST. LANDRY, THE JUDGE OF THE DISTRICT PRESIDING. |
|
Cases |
|
| Orso v. Orso |
11 La. 61, Supreme Court of Louisiana (May 01, 1837) |
1837 |
FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Peak v. Ligon |
18 Tenn. 469, Supreme Court of Tennessee (December 01, 1837) |
1837 |
A suit in chancery was brought in the courts of North Carolina, by one Elijah Kimbrough, the son of the wife of the intestate Davis, against Davis and his wife, to enforce an ante-nuptial agreement between the husband and wife, made in favor of Kimbrough, and in consideration of the intended marriage, in which it was stipulated that, on the said... |
|
Cases |
|
| Pearce v. Gleaves |
18 Tenn. 359, Supreme Court of Tennessee (December 01, 1837) |
1837 |
The question which at the threshold presents itself is whether, in a case of partial intestacy, those claiming a distribution of the personal estate not bequeathed shall be required to bring into contribution the portions advanced to them by the testator in his lifetime. As such contribution is directed by the statute of distribution, the entire... |
|
Cases |
|
| Penny v. Toulouse |
11 La. 109, Supreme Court of Louisiana (May 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Perkins v. Mayfield |
5 Port. 182, Supreme Court of Alabama (January 01, 1837) |
1837 |
On writ of error to the Circuit Court of Tuskaloosa. |
|
Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Perry v. Hewlett |
5 Port. 318, Supreme Court of Alabama (June 01, 1837) |
1837 |
This was an action of covenant, which was tried upon an issue, taken to the plea of covenants performed, with leave to the defendants, to give any special matter in evidence, which would constitute a good defence. On the trial of the cause, in the Circuit Court of Morgan county, it was proved that the bond, dated the twenty-third of December,... |
|
Cases |
|
| Perry v. Williams |
Dud. 44, Court of Appeals of Law of South Carolina (December 01, 1837) |
1837 |
Where the plaintiff in execution indemnifies the sheriff in levying, and purchases the property without paying the money, at a sufficient sum to cover his debt, it operates as a satisfaction of the execution, though, in fact, the property did not belong to the defendant, and the plaintiff was forced to pay for it again, upon his bond of indemnity.... |
|
Cases |
|
| Pistole v. Street |
5 Port. 64, Supreme Court of Alabama (January 01, 1837) |
1837 |
On a writ of error to the Circuit Court of Marengo county. |
|
Cases |
|
| Pitcher v. Wilson |
5 Mo. 46, Supreme Court of Missouri (September 01, 1837) |
1837 |
Lewis Wilson brought an action of assumpsit against Thomas Pitcher, in the Circuit Court. Plea, non-assumpsit, and issue joined; verdict for the plaintiff, and judgment accordingly. To reverse the judgment of the Circuit Court this appeal is prosecuted. The evidence saved in the bill of exceptions shows that some years since, the plaintiff agreed... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Poag v. Carroll |
Dud. 1, Court of Appeals of Law of South Carolina (December 01, 1837) |
1837 |
He that comes into possession of goods, by the permission or authority of the law, and parts with them honestly, to one having the right to demand them, cannot be made liable for a conversion of them. Though a probate has been repealed, an executor is protected by it in all his acts, done in the due course of administration, and in the faithful... |
|
Cases |
|
| Poag v. Miller |
Dud. 11, Court of Appeals of Law of South Carolina (December 01, 1837) |
1837 |
Where the probate of a will has been set aside, the property of the deceased vests in the administrator, and he can recover it from any one in possession, or its value, from any one who has sold it. It is no defence to the action, that the defendant is a bona fide purchaser, for a valuable consideration, from a legatee to whom the executor after... |
|
Cases |
|
| Pocock v. Hendricks |
8 G. & J. 421, Court of Appeals of Maryland (June 01, 1837) |
1837 |
Evidence by a justice of the peace, that when called upon by parties to prepare conveyances for them, it was his habit to inquire whether they desired absolute, or conditional conveyances, that he had no doubt such inquiry was made in the present instance, and that he never failed to shape the paper according to the expressed purpose of the... |
|
Cases |
|
| Portis v. Creagh |
4 Port. 332, Supreme Court of Alabama (January 01, 1837) |
1837 |
In error to the Circuit Court of Clarke County. |
|
Cases |
|
| PRE-EMPTIONS. |
3 U.S. Op. Atty. Gen. 182 (March 29, 1837) |
1837 |
|
|
Administrative Decisions & Guidance |
|
| Proctor v. Richardson |
11 La. 186, Supreme Court of Louisiana (May 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
|
Cases |
|
| Rainsford v. Rainsford |
Dud.Eq. 57, Court of Appeals of Equity of South Carolina (December 01, 1837) |
1837 |
A clause in a will directing that the father of two of the legatees should have the use of their property for their education and support until they married or became of age, does not give a beneficiary interest to the father. A child who, after attaining majority, remains with his father and aids him in his business, with the view of a joint... |
|
Cases |
|
| Ramsay v. Richardson |
Ril.Eq. 271, Court of Appeals of Equity of South Carolina (February 01, 1837) |
1837 |
The complainants are creditors of the defendant's testator, and the defendant is his widow and executrix. The object of the bill is to charge certain real and personal estates, of which the testator died possessed, (and which the defendant claims under a marriage settlement between herself and her testator, as a separate property,) with the payment... |
|
Cases |
|
| Rhea v. State |
18 Tenn. 258, Supreme Court of Tennessee (June 01, 1837) |
1837 |
The plaintiff was indicted and convicted, in the circuit court for Washington county, of the crime of larceny. The indictment was found at the July term, 1836; before the next stated term of that court a special term intervened, at which time the cause was continued by the consent of parties, and at the November term, 1836, when the cause was... |
|
Cases |
|
| Rhody v. Ramsey |
4 Mo. 512, Supreme Court of Missouri (May 01, 1837) |
1837 |
The points in this case are similar to the points in the case of Amy v. Ramsey. So much so, that the law in both cases is the same. The judgment of the court below, is also affirmed. The defendant pays his own costs. |
|
Cases |
|
| Richardson v. Richardson |
4 Port. 467, Supreme Court of Alabama (January 01, 1837) |
1837 |
On writ of error to a decree of the Circuit Court of Washington country, exercising chancery jurisdiction. |
|
Cases |
|
| Richmond v. Richmond |
18 Tenn. 343, Supreme Court of Tennessee (December 01, 1837) |
1837 |
In this case various questions of law are insisted on as grounds for reversing the decree of the circuit court. 1. The first objection insisted on by defendant's counsel is that the petition and answer were not read to the jury as forming the issues to be tried, but the matters submitted were drawn up on a distinct piece of paper. We perceive no... |
|
Cases |
|
| Ricks v. Richardson |
Dud. 57, Court of Appeals of Law of South Carolina (December 01, 1837) |
1837 |
Where, in an action of trover, the sheriff has taken security for the production of the property, under the Act of 1827, he cannot afterwards re-take the defendant on account of the alleged insufficiency of such security. Such security is not properly bail; but the rule adopted by the Courts to judge of the sufficiency of the one, may be resorted... |
|
Cases |
|
| Robillard v. Poydras |
11 La. 279, Supreme Court of Louisiana (June 01, 1837) |
1837 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. |
|
Cases |
|
| Rodriguez v. Vassant |
11 La. 165, Supreme Court of Louisiana (May 01, 1837) |
1837 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. |
|
Cases |
|
| Rowland v. Burton |
2 Harr. 288, Superior Court of Delaware (October 01, 1837) |
1837 |
The court permitted the stick to go before the jury, with the party's oath that the notches were made at the time the work was done, (Digest, 89) and the plaintiff had a verdict. Judgment for plaintiff. |
|
Cases |
|
| Sarce v. Dunoyer's Ex'r |
11 La. 220, Supreme Court of Louisiana (June 01, 1837) |
1837 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. |
|
Cases |
|
| Seibels v. Whatley |
2 Hill Eq. 605, Court of Appeals of Equity of South Carolina (May 01, 1837) |
1837 |
The first point made by counsel, is whether Tom and Emma, children of Nance, born before Mr. Lamkin's will, pass to E. L. Whatley under the bequest to him of Nance and her increase. The words used do not limit the increase given with Nance to future increase. Increase, as a general term, will, I suppose, include past increase as well... |
|
Cases |
|
| Shine v. Wilcox |
1 Dev. & Bat.Eq. 631, Supreme Court of North Carolina (December 01, 1837) |
1837 |
It is insisted, on the part of the plaintiff, that the clearing of woodland is in itself waste; and that the only exception to this general law is when such clearing is necessary for the useful enjoyment of the land by the tenant for life. We are of opinion, that this position is laid down too broadly. According to the adjudications in this state,... |
|
Cases |
|
| Singleton's Heirs v. Singleton's Ex'rs |
5 Dana 87, Court of Appeals of Kentucky (April 10, 1837) |
1837 |
FROM THE CIRCUIT COURT FOR JESSAMINE COUNTY. Statement of the case. In March, 1814, Edmund Singleton departed this life, after having duly published his last will, in which he appointed his wife, Margaret Singleton, executrix, together with two others therein named as executors. Mrs. Singleton alone under took the execution of the will, and having... |
|
Cases |
|