TitleCitationYearSummaryMost RelevantTypeStatus
Skipwith's Ex'r v. Cunningham 8 Leigh 271, Supreme Court of Appeals of Virginia (April 01, 1837) 1837 (Absent Brooke, J.) It is well settled as a general rule, that the lien of a judgment upon the land of the debtor relates back to the commencement of the term at which the judgment was obtained, and overreaches a deed of trust on the land executed by the debtor on or after the first day of the term. But the term is not considered as necessarily...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Smallwood v. Smallwood 2 Dev. & Bat. 330, Supreme Court of North Carolina (June 01, 1837) 1837 A slight examination of the reports discloses such a fluctuation of opinion upon the question presented by this case, that it is at once perceived to be impossible to lay down, what acknowledgment will or will not take a parol promise out of the statute of limitations, without coming in conflict with some previous adjudication, or, more probably, a...   Cases  
Smith v. Nicholas 8 Leigh 330, Supreme Court of Appeals of Virginia (April 01, 1837) 1837 The bill in this case is filed for the purpose of carrying into effect a deed of trust for the security of a debt from W. C. Nicholas to the appellant. The defence set up is, that the transaction was in violation of the statute against usury, and that the security is therefore void; and if this defence is sustained, the appellant was properly...   Cases  
Smith v. White 5 Dana 376, Court of Appeals of Kentucky (October 03, 1837) 1837 FROM THE CIRCUIT COURT FOR ESTILL COUNTY. The action. Smith, Meredith and Ellicott prosecuted a writ of forcible detainer against Willis White, and recovered a verdict before the magistrate. White traversed the inquisition, and, upon the instructions of the Circuit Court, obtained a verdict; and judgment having been rendered thereon, and a motion...   Cases  
Smith v. Winston 2 Howard 601, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 It is well settled, that a purchaser without covenants takes all the risk of title. In a quit claim deed, the grantor does nothing more than to acquit the grantee from any title or right of action which the grantor may have; and taking a quit claim, in general, implies knowledge of a doubtful title. The statute of this state requires that an offset...   Cases  
State v. Brown 4 Port. 410, Supreme Court of Alabama (January 01, 1837) 1837 For the prisoner, it has been argued, that the statute of eighteen hundred and seven, does not include capital felonies, in as much as trespasses alone, are designated; and that the words, or other offences, whatsoever, which, in the statute, follow immediately after trespasses, ought not to extend the construction beyond the generic...   Cases  
State v. Coleman 5 Port. 32, Supreme Court of Alabama (January 01, 1837) 1837 On points reserved as novel and difficult, from the Circuit Court of Monroe County.   Cases  
State v. Commissioners of Roads for Lancaster Dist. 3 Hill (SC) 314, Court of Appeals of Law of South Carolina (May 01, 1837) 1837 Where the person and the subject matter are within the jurisdiction of the board of commissioners of roads, their decision will be final and conclusive, unless they have in some way exceeded the bounds prescribed to them, admitted illegal evidence, or otherwise violated the settled rules of law. The relator being liable to work on both the...   Cases  
State v. Cook Ril. 234, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 The ground upon which the indictments were quashed in these cases, has been again and again ruled in this State, to constitute no valid exception to a indictment. Indeed it is no longer to be regarded, as a question on which argument is to be heard; or the bench is to be expected to assign reasons for a judgment upon it. The motion to reverse the...   Cases  
State v. Farnsworth 18 Tenn. 261, Supreme Court of Tennessee (June 01, 1837) 1837 The only question presented for the consideration of the court in this case is as to the validity of the indictment. It charges that the defendant, Henry A. Farnsworth, did, on the first day of August, in the year 1836, in the county of Greene, with force and arms, one chestnut sorrel mare, the property of John A. Park, unlawfully and...   Cases  
State v. Haney 2 Dev. & Bat. 390, Supreme Court of North Carolina (June 01, 1837) 1837 The unsupported testimony of an accomplice, if it produces entire belief of the prisoner's guilt, is sufficient to warrant a conviction. And the usual direction to the jury not to convict upon it, unless supported by other testimony, is only a precautionary measure to prevent improper confidence being reposed in it; and the propriety of giving this...   Cases  
State v. Hardin 2 Dev. & Bat. 407, Supreme Court of North Carolina (June 01, 1837) 1837 The evidence of an accomplice is undoubtedly competent, and may be acted on by the jury, as a warrant to convict, although entirely unsupported. It is, however, dangerous to act exclusively on such evidence; and therefore, the Court may properly caution the jury, and point out the grounds for requiring evidence confirmatory of some substantial...   Cases  
State v. Jesse 2 Dev. & Bat. 297, Supreme Court of North Carolina (June 01, 1837) 1837 An indictment upon the act of 1823, (Taylor's Rev. c. 1229,) making an assault by a person of colour upon a white female, with intent to commit a rape, capital, must charge the assault to have been felonious. Charging an assault, with intent feloniously to ravish, is not sufficient. THE prisoner was tried at Craven, on the last...   Cases  
State v. Jones 2 Dev. & Bat. 544, Supreme Court of North Carolina (December 01, 1837) 1837 The defendant contends, first, that his brother, Hardy Jones, was a tenant in common of the staves with Jenkins; and that, as his brother was with him at the time the staves were taken and carried away, and assented to the act, it was not, in law, a larceny. The question for the decision of the Court is, was Hardy Jones a tenant in common with...   Cases  
State v. McDonald 4 Port. 449, Supreme Court of Alabama (January 01, 1837) 1837 The first inquiry which invites our consideration, in examining this case, is this What offence does the indictment charge? For the prisoner, the sufficiency of the indictment has not been controverted; but it is insisted, that its allegations are such as to have inhibited his conviction upon the evidence which went to the jury against him....   Cases  
State v. Rollins 8 N.H. 550, Superior Court of Judicature of New Hampshire (January 01, 1837) 1837 The body of the common law, and the English statutes in amendment of it, so far as they were applicable to our institutions and the circumstances of the country, were in force here upon the organization of the provincial government; and they have been continued in force by the constitution, so far as they are not repugnant to that instrument, until...   Cases  
State v. Spenlove & Collins Ril. 269, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 We are of opinion, that there is no evidence of the guilt of the prisoner. The only suspicious circumstance against him is, that he gave an account of the acquisition of the kids by a sailor, which may not be true. But there is no evidence that he ever had possession, or in any way concerned in depriving the owner of them. The motion for a new...   Cases  
State v. Whaley 2 Harr. 538, Court of General Sessions of the Peace and Jail Delivery of Delaware (April 01, 1837) 1837 It appears to be a general rule, that where a statute creates a new felony, which consists of an act partly within the kingdom and partly without, and limits it to be tried where the offence is committed, the party may be indicted in the county where the part of the offence committed within the realm arose. 1 Chitty's Crim Law, 122-3; 1 Hale, 706;...   Cases  
Stewart's Curator v. Row 10 La. 530, Supreme Court of Louisiana (February 01, 1837) 1837 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING.   Cases  
Strickland v. Fowler 1 Dev. & Bat.Eq. 629, Supreme Court of North Carolina (December 01, 1837) 1837 There is no evidence in the cause excusing the plaintiff's laches. In decreeing or not decreeing specific performance of an unobjectionable contract, the Court, it is said, has a discretion,--and so it has;--but it is a regulated and judicial discretion, governed by established rules of equity. 1 Mad. C. P. 362. One of these rules is, that if there...   Cases  
Sunday v. Gordon 1 Blatchf.&H. 569, District Court, SD New York (February 08, 1837) 1837 This was an action to recover seaman's wages and damages [by Quaselle Sunday against Joseph Gordon, Jacob D. Fowler, and Charles Shilletoe]. The libel alleged that the libellant shipped at Elmina, on the coast of Africa, as a seaman on board the brig Packet, of which the respondents were owners, to perform a voyage to the port of Liberia, also in...   Cases  
Sutherland v. Goff 5 Port. 508, Supreme Court of Alabama (June 01, 1837) 1837 In error to the County Court of Morgan county.   Cases  
Tate & Thompson v. Blakely 3 Hill (SC) 297, Court of Appeals of Law of South Carolina (May 01, 1837) 1837 By the Acts of 1791 and '99, where there are defendants residing in different districts, the plaintiff may try his case in that district where either of the defendants was served; but if the plaintiff brings his action against two defendants, residing and served in different districts, and on the trial of the case discontinues as to the defendant...   Cases  
Taylor v. Matchell 1 Howard 596, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 The plaintiff at law is bound to make discovery, although his answer may subject him to loss of legal interest. It was held not to be error for a judge of the circuit court to charge the jury that all the allegations in a bill of discovery which were neither admitted nor denied, should receive such weight as they might think them entitled to.   Cases  
Thomas v. Scruggs 18 Tenn. 400, Supreme Court of Tennessee (December 01, 1837) 1837 In 1805 Jesse Thomas, of the commonwealth of Virginia, made his last will and testament, and died. The first clause of the will directed that his executrix and executors, or either of them, should sell as they might think fit the land and plantation whereon the testator then lived, and the proceeds of the same, with a further sum, not exceeding...   Cases  
Thomassin v. Raphael's Ex'r 11 La. 128, Supreme Court of Louisiana (May 01, 1837) 1837 APPEAL FROM THE PROBATE COURT FOR THE PARISH AND CITY OF NEW-ORLEANS.   Cases  
Thompson v. Thompson's Heirs 11 La. 324, 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 THEREOF PRESIDING.   Cases  
Thrash v. Johnson 6 Port. 458, Supreme Court of Alabama (June 01, 1837) 1837 Error to the Circuit court of Chambers county.   Cases  
Thurman v. Shelton 18 Tenn. 383, Supreme Court of Tennessee (December 01, 1837) 1837 Ralph Shelton, the father and grandfather of the complainants and defendants, died in the summer of the year 1818. Previous to his death, viz., on the 2d day of August, 1815, he deeded to his son John a tract of land of 300 acres, on which he then lived, in Knox county, for full satisfaction received from him. This deed was proved at...   Cases  
Timberlake v. Parish's Ex'r 5 Dana 345, Court of Appeals of Kentucky (May 10, 1837) 1837 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Statement of the case. James Parish, who died early in the year 1830, leaving a widow by whom he had no children, and also leaving six children by a former marriage, made a will, admitted to record in April, 1830, by which he directed his executor to sell and distribute among his children, or their...   Cases  
Trice v. Pratt 1 Dev. & Bat.Eq. 626, Supreme Court of North Carolina (December 01, 1837) 1837 All these objections are unfounded. The proof is satisfactory, that the purchase was made by Pratt, Trice and Anderson, in pursuance of previous agreement, through Pratt, who was appointed to bid for that purpose. The act of 1819 has no bearing on the transaction; for it is not a parol contract for a sale of land from Pratt to his co-purchasers;...   Cases  
Turner v. Thrower 5 Port. 43, Supreme Court of Alabama (January 01, 1837) 1837 In error to the Circuit Court of Mobile county.   Cases  
Van Kleeck v. Reformed Protestant Dutch Church of New York 6 Paige Ch. 600, Chancery Court of New York (January 01, 1837) 1837 The bill in this case has been framed with much ingenuity and skill, for the purpose of obtaining from the corporation and its officers a discovery of its title to the property in question, and the defects, if any, which exist in that title; and without disclosing the facts which the counsel for the corporation suppose is a fatal defect in the...   Cases  
Van Ness v. Hyatt 5 Cranch C.C. 127, Circuit Court, District of Columbia (March 01, 1837) 1837 Bill in equity [by John P. Van Ness against Alpheus Hyatt, James Shields, Ann Blanchard, Charles Glover, and Jane, his wife, Mary Franks, and James Moore] to redeem a mortgage of a leasehold estate; the complainant claiming as purchaser of the equity of redemption sold under a fieri facias against Shields, the mortgagor, upon a judgment for $30.25,...   Cases  
Van Wyck v. Seward 18 Wend. 375, Court for the Correction of Errors of New York (January 01, 1837) 1837 The parties are agreed in relation to the most material facts of this case, which will be found to lie within a narrow compass. In November, 1817, William Seward contracted an obligation to the appellant, on which his responsibility, as subsequently ascertained by the judgment, amounted to nearly $3000. Seward at this time owned a farm worth,...   Cases  
Vick v. City of Vicksburg 1 Howard 379, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 A deed or written grant is not required to establish a dedication of commons or highways to public use. The whole doctrine of contracts and grants is based upon the idea of parties capable of contracting; and although in reference to the public and their claim to easements in land, a looser rule has been adopted, yet the relaxation is not...   Cases  
Wardlaw v. Gray's Adm'rs 2 Hill Eq. 644, Court of Appeals of Equity of South Carolina (May 01, 1837) 1837 1. Of the four exceptions which have have been argued, the first depends on the following facts: Henry Gray's wife, who was a daughter of the late Dr. Flanagan of Newberry, being entitled as a distributee, to one half of her deceased father's estate, proceedings in partition between the distributees were instituted in the Court of Equity for...   Cases  
Wardlaw v. Gray's Adm'rs Dud.Eq. 85, Court of Appeals of Equity of South Carolina (December 01, 1837) 1837 In equity, as well as at law, the loss or destruction of a note must be proved by disinterested witnesses, in order to entitle the claimant to relief thereon. The statute of limitations cannot run between principal and agent until demand; and an accounting between them cannot be considered a demand of moneys collected by the agent previously and...   Cases  
Watkins v. Dean 18 Tenn. 321, Supreme Court of Tennessee (December 01, 1837) 1837 On the 6th of November, 1833, Michael Dean, of Warren county, executed a paper writing, which he calls an indenture, to Eleanor and Mary Jane Watkins, in which he recites that they are the children of Hannah Watkins, wife of Henry Watkins, who is his natural daughter; that he is far advanced in life, and has no legitimate children, and has...   Cases  
Williams v. Harris 2 Howard 627, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 The words, without plea or offset, in a promissory note, are not an essential part of the contract, and do not preclude defence. Where a defendant admits a portion of the sum sued for to be due, it is not necessary to make a formal tender in his plea of the amount. The plaintiff may take his judgment for the sum admitted by nil dicit. Where the...   Cases  
Williams v. State 4 Mo. 480, Supreme Court of Missouri (May 01, 1837) 1837 This was an indictment found at the February term of the Circuit Court of Carroll county, for the year 1836. The defendant is charged with betting at a game of chance, under the 16th section of the 9th article of the Act concerning Crimes and Punishments, in force the 1st December, 1835. The defendant demurred to the indictment, and the court...   Cases  
Williams v. Turner 18 Tenn. 287, Supreme Court of Tennessee (December 01, 1837) 1837 The complainant is the husband and administrator of Jane H. Williams, formerly Jane H. Turner, one of the legatees under the will of Baily Turner, deceased, and the question which constitutes the subject of dispute in this cause is whether the husband is entitled to her legacy, or whether the defendants are so entitled, under a limitation in the...   Cases  
Williamson v. Hill 6 Port. 184, Supreme Court of Alabama (June 01, 1837) 1837 Error to the Circuit court of Wilcox county. Proceedings in the Orphan's Court, against an administrator with the will annexed.   Cases  
Willis v. Hill 2 Dev. & Bat. 231, Supreme Court of North Carolina (June 01, 1837) 1837 If one partner borrows money upon his own credit, and gives his own separate security and obligation for the amount, the other partners will not be responsible for it, although it was applied to the use of the firm. Although the admissions of a partner, made after a dissolution of the partnership, may be used to repel the statute of limitations and...   Cases  
Wilson v. Melvin 4 Mo. 592, Supreme Court of Missouri (June 01, 1837) 1837 1st. The verdict is not against evidence. The reason does not assert that it is against the weight of evidence. The verdict may well be against evidence, and yet may be sufficiently supported by other evidence so that the question does not arise here whether on the whole testimony the verdict ought to stand, as being supported by such weight of...   Cases  
Wood v. Bruce 9 G. & J. 215, Court of Appeals of Maryland (December 01, 1837) 1837 If a party having applied to a Court of Equity for an injunction, be frustrated, afterwards apply to another court of concurrent jurisdiction, upon the same grounds, without disclosing the first application, the party aggrieved may apply in a summary way for relief, and the court in which the second cause is depending, will at once extend it to...   Cases  
Wood v. Vandenburgh 6 Paige Ch. 277, Chancery Court of New York (January 01, 1837) 1837 Where the father by his will devised all his real and personal estate to one of his sons charged with the payment of several legacies to the other children of the testator; and by a written agreement between the father and the son, the father covenanted not to revoke or alter the will without the consent of the son, and to give to him the immediate...   Cases  
Woodson v. McClelland 4 Mo. 495, Supreme Court of Missouri (May 01, 1837) 1837 Sarah McClelland, the appellee, filed her bill against the appellants, they answered, and she replied. Issues were made up, which being found for her, she had a decree to reverse which they appeal to this court. The complainant in her bill, states that James McClelland, her late husband, in his life-time received from the estate of her father in...   Cases  
Wurdeman v. Robertson Ril.Eq. 115, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 The Court concur with the Chancellor. The appeal is, therefore, dismissed. DAVID JOHNSON, J. JOHNSTON, WM. HARPER.   Cases  
Youmans v. Buckner Ril. 204, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 This case turns upon the legal effect of the deed under which the plaintiffs claim: if that be a conveyance to the plaintiffs, and the use be not executed, then this verdict cannot stand. It is contended, first, that the conveyance is a direct conveyance to the wife of the grantor for her life: if this be true, there can be no doubt that at law it...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
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