| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Jones v. Evans |
7 Dana 96, Court of Appeals of Kentucky (June 21, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR MONTGOMERY COUNTY. The appellants, a part of the heirs of Mayberry Evans, deceased, filed their bill seeking to obtain a cancelment of a deed purporting to be executed by said Mayberry to his two sons, Mayberry Evans, junior, and William Evans, dated the 30th of August, 1823: first--because, as they allege, the grantor,... |
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Cases |
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| Jones v. Sherrard |
2 Dev. & Bat.Eq. 179, Supreme Court of North Carolina (December 01, 1838) |
1838 |
The principal questions discussed in this case are, whether the money to be paid to the owner of a dividend of inferior value, upon partition, is the personal debt of the owner of the more valuable dividend, or is an encumbrance fixed on the land, and on the land alone? And if the latter, whether the land is yet primarily liable, notwithstanding... |
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Cases |
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| Jones v. Sothoron |
10 G. & J. 187, Court of Appeals of Maryland (December 01, 1838) |
1838 |
The question which this appeal presents for decision arises upon the true construction and legal operation of the clause in the will of John Sothoron, the former husband of the female appellant, Mrs. Elizabeth A. Jones, contained in the statement of the cause. The testator left two sons and a daughter, Mary Elizabeth Attaway: and his widow after... |
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Cases |
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| Kennedy v. Simons |
Dud.Eq. 141, Court of Appeals of Equity of South Carolina (February 01, 1838) |
1838 |
Where a creditor applies for the aid of the Court of Equity against an equitable interest of his debtor, it is incumbent upon him to show that he has pursued his legal remedy to every available extent, and has failed-the mere allegation and proof of insolvency are not sufficient; it must be shown that the legal remedies have been exhausted. |
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Cases |
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| Kennon v. McRea |
7 Port. 175, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the County court of Tuskaloosa county. |
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Cases |
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| Keys v. Nettles |
12 La. 381, Supreme Court of Louisiana (June 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST FELICIANA, THE JUDGE OF THE EIGHTH PRESIDING. |
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Cases |
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| Lamb v. Gatlin |
2 Dev. & Bat.Eq. 37, Supreme Court of North Carolina (June 01, 1838) |
1838 |
A decree which passes against an Executor in invitum is, unless impeached for fraud, conclusive upon the residuary legatees--but where it is by consent it is subject to re-examination, and has no obligation unless proved to be just. THIS was a bill by the residuary legatees of Isaac Lamb against the defendant, his executor, for an account of the... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Lamb v. Trogden |
2 Dev. & Bat.Eq. 190, Supreme Court of North Carolina (December 01, 1838) |
1838 |
Where a vendor, in answer to an inquiry of his vendee how he would have the purchase money sent, whether by mail or private hand, replied that he would leave it to the better judgment of the vendee, it was held, that the money, if sent by mail, was at the risk of the vendor. Money sent by mail and taken out of the post office to which it was... |
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Cases |
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| Lamb v. Wragg |
8 Port. 73, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Montgomery. Trial of the right of property, before Judge Pickens. |
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Cases |
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| Langley's Heirs v. Langley's Ex'rs |
12 La. 114, Supreme Court of Louisiana (March 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF EAST BATON ROUGE. |
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Cases |
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| Leeds v. Yeatman |
12 La. 383, Supreme Court of Louisiana (June 01, 1838) |
1838 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Cases |
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| Levy v. Jacobs |
12 La. 109, Supreme Court of Louisiana (March 01, 1838) |
1838 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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| Levy v. Levy |
11 La. 577, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Lopez's Heirs v. Bergel |
12 La. 197, Supreme Court of Louisiana (April 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT FOR THE PARISH OF EAST BATON ROUGE, THE JUDGE OF THE EIGHTH PRESIDING. |
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Cases |
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| Mason v. Bond |
9 Leigh 181, Supreme Court of Appeals of Virginia (February 01, 1838) |
1838 |
I am clearly of opinion, that the judgment should be affirmed. The errors assigned are, that the verdict was against evidence; that the instruction given was erroneous; that that refused ought to have been given; and that the court improperly declared its opinion on the weight of the evidence. All these objections are, I think, without foundation.... |
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Cases |
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| Mason v. Mason's Heirs |
12 La. 589, Supreme Court of Louisiana (October 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF OUACHITA. |
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Cases |
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| Massey's Surviving Partners v. McDowell |
3&4 Dev. & Bat. 252, Supreme Court of North Carolina (December 01, 1838) |
1838 |
Where, upon the endorsement of a note, the endorsee took more than six per centum per annum by way of discount, but the excess was small and was allowed by the endorser expressly for the trouble the endorsee would be at in travelling to make a demand upon the maker of the note, it was held, that the transaction on its face was not so unreasonable... |
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Cases |
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| McCall's Legatees v. Elliott |
Dud. 250, Court of Appeals of Law of South Carolina (February 01, 1838) |
1838 |
On the delivery of personal property to the Master in Equity for the purpose of a sale under a decree, it is to be regarded as in his possession both for the purpose of sale and delivery; and it is his duty to see the terms of sale are complied with before he parts with the property. |
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Cases |
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| McDonald v. Catlett |
11 La. 503, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT FOR THE PARISH OF EAST FELICIANA, THE JUDGE OF THE EIGHTH PRESIDING. |
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Cases |
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| McRae's Adm'x v. McRae |
11 La. 571, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT FOR THE PARISH OF EAST FELICIANA, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Miars v. Bedgood |
9 Leigh 361, Supreme Court of Appeals of Virginia (April 01, 1838) |
1838 |
The clause in the will of Elizabeth Fulgham under which James Bedgood her executor claims the whole residue of her estate is in the following words: I do hereby appoint James Bedgood my executor to this my last will and testament, and that he shall receive the balance of my estate, if any. There is no difficulty about the import of... |
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Cases |
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| Miller v. Miller |
2 N.J. Eq. 139, Court of Chancery of New Jersey (October 01, 1838) |
1838 |
This is a petition for a divorce under the act of 1824. The cause alleged is adultery. The parties lived together, as man and wife, nearly seventeen years, and had a family of five children. The petitioner states, that shortly after his marriage, from a variety of circumstances, as well as from expressions made by his wife, he was induced to... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Mitchell v. Rainey |
3&4 Dev. & Bat. 56, Supreme Court of North Carolina (June 01, 1838) |
1838 |
It is a general rule of law, that he who comes to the property in contest from or under the defendant, pendente lite, is bound by the judgment; and, if he does not show that he comes in above, he shall be taken as coming in under him. The defendant purchased of Jeffries pending the action which Mitchell had brought against him. The defendant does... |
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Cases |
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| Moncure v. Dermott |
5 Cranch C.C. 445, Circuit Court, District of Columbia (March 01, 1838) |
1838 |
This was an action of covenant [by Richard C. L. Moncure and Walter T. Conway] upon the following instrument: Whereas Mary James has executed her bond or note, dated the 28th of November, 1828, payable to me, on demand, for the sum of $2,620, which said bond or note was merely loaned to me for the purpose of raising money upon; and whereas I have,... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Mourain v. Devall |
12 La. 93, Supreme Court of Louisiana (March 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINT COUPEE, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Mulhollan v. Huie |
12 La. 241, Supreme Court of Louisiana (April 01, 1838) |
1838 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Cases |
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| Muse v. Peay |
Dud.Eq. 236, Court of Appeals of Equity of South Carolina (May 01, 1838) |
1838 |
Where the complainant makes various claims by his bill, some of which are allowed and others rejected, no explicit direction having been given as to the costs, the parties in such case pay their own costs. It may be, that when there is an entire reversal of the circuit decree, as when the Chancellor dismisses the bill with costs, and this Court... |
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Cases |
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| Muse v. Yarborough |
11 La. 521, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT FOR THE PARISH OF EAST FELICIANA, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Ned v. State |
7 Port. 187, Supreme Court of Alabama (January 01, 1838) |
1838 |
On a writ of error, awarded to the Circuit court of Clarke county. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
| Noe v. Taylor |
11 La. 551, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINT COUPEE, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Pannell's Heirs v. Overton |
12 La. 555, Supreme Court of Louisiana (October 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE OF THE SEVENTH PRESIDING. |
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Cases |
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| Parker v. Vick |
2 Dev. & Bat.Eq. 195, Supreme Court of North Carolina (December 01, 1838) |
1838 |
The execution of the agreement by the defendant as set forth in the bill, is proved to the satisfaction of the Court both by the testimony of the subscribing witnesses to it, and by the admission of the defendant in his answer. Evidence of the parol agreement made between Bunn and the defendant, as stated in the answer, cannot be received, because,... |
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Cases |
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| Parkhurst v. Dickerson |
21 Pick. 307, Supreme Judicial Court of Massachusetts (January 01, 1838) |
1838 |
Where, previously to the sailing of a whaling ship, a seaman drew an order in favor of the plaintiff, on the owners, for his share of the proceeds of the voyage, and the agent of the owners declined accepting it, but told the plaintiff, that he would take the order if the plaintiff wished, subject to his control, and on the return of the vessel,... |
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Cases |
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| Parks v. Hewlett |
9 Leigh 511, Supreme Court of Appeals of Virginia (July 01, 1838) |
1838 |
(Absent Brooke, J.) A scroll affixed to an instrument has the force and obligation of a seal, when it appears by the instrument that the person making the same affixed the scroll by way of seal. Where it is stated at the foot of an instrument of emancipation, that it was signed, sealed and acknowledged in presence of two attesting witnesses, and... |
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Cases |
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| Parsons v. McCracken |
9 Leigh 495, Supreme Court of Appeals of Virginia (July 01, 1838) |
1838 |
The decree in this case ought in my opinion to be reversed, and the bill dismissed with costs. In the view I take of the law applicable to the facts stated in the record, it is not very material to determine whether the girl Helen delivered to James Parsons the younger by the executrix and executor of the testator, was the one intended for Rebecca... |
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Cases |
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| Patterson v. Behan |
12 La. 227, Supreme Court of Louisiana (April 01, 1838) |
1838 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Cases |
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| Pearson v. Taylor |
3&4 Dev. & Bat. 188, Supreme Court of North Carolina (December 01, 1838) |
1838 |
It seems to us, that the intention of the testator, was to give to Martha Tennesson, the first child that should be born alive of the body of Dice, after the time he was speaking, to wit, after the date of his will. The first child born alive of Dice, after the date of the will, would be a specific legacy; and if that child died, in the life-time... |
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Cases |
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| Pegram v. May |
9 Leigh 176, Supreme Court of Appeals of Virginia (January 01, 1838) |
1838 |
(Absent Cabell, J.) A creditor delivers a fi. fa. to a deputy sheriff acting in a different district of the county from that in which the debtor resides, in order by such delivery to bind the debtor's property, but with directions to the deputy to hold it till a future day, and then to transfer it to the deputy of the district in which the debtor... |
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Cases |
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| Percival ads. McVoy |
Dud. 337, Court of Appeals of Law of South Carolina (May 01, 1838) |
1838 |
A debt due to the plaintiff as a nurse, may be properly included under the denomination of expenses of the last illness, as expressed in the Act of 1789. No rule or limitation for the duration of the last illness, or for the degree of attention to be paid, can be laid down; it will vary with the nature of the disease, and the situation of the... |
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Cases |
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| Perkins v. Giles |
9 Leigh 397, Supreme Court of Appeals of Virginia (May 01, 1838) |
1838 |
In an action against a sheriff and his sureties, upon the official bond of the sheriff, the recovery can only be of such damages as the relator may have sustained by reason of the breach of the condition of the bond. The damages which a creditor sustains by the sheriff's suffering a debtor in execution to escape, are not necessarily equal to the... |
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Cases |
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| Phillips v. Short |
2 Harr. 339, Superior Court of Delaware (April 01, 1838) |
1838 |
Evidence admitted. The witness has no interest. The property in either case went into the possession of Nancy Short according to the will. Nancy Short was the devisee for life under both wills; but if the facts to be proved would go to establish a title to the property prior to the will, and these are facts which were known to the witness before... |
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Cases |
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| Phillips v. Short |
2 Harr. 339 (April 01, 1838) |
1838 |
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... |
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Trial Court Orders |
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| Popelston v. Skinner |
3&4 Dev. & Bat. 293, Supreme Court of North Carolina (December 01, 1838) |
1838 |
When a Sheriff levies upon goods and leaves them with the debtor, the possession of the debtor may, to many purposes, be that of the Sheriff, but it cannot be so in the sense of being adverse to the debtor himself, and of turning any right he had in the goods into a chose in action. The right of a defendant in execution to goods seized and taken... |
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Cases |
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| Poulard v. Delamare |
12 La. 267, Supreme Court of Louisiana (May 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT FOR THE PARISH OF POINT COUPEE, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Powers v. Bryant's Adm'r |
7 Port. 9, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the Circuit court of Tuskaloosa county. |
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Cases |
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| Prettyman v. Dean |
2 Harr. 494, Superior Court of Delaware (October 01, 1838) |
1838 |
Here is an officer of the court arraigned on a charged of a high offence in executing the process of the law. A sheriff who goes to a house to execute a writ of replevin, has the right to take persons to assist him. He has the right to go to the house and they to go with him. In some cases it has even been said that a sheriff may break open outer... |
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Cases |
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| Prettyman v. Dean |
2 Harr. 494 (October 01, 1838) |
1838 |
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... |
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Trial Court Orders |
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| Reid v. Campbell |
19 Tenn. 378, Supreme Court of Tennessee (December 01, 1838) |
1838 |
This bill is filed by the complainant for an allotment of her dower out of the real estate of which her first husband, James M. Banks, died seised. Her right to this allotment depends upon the construction which is to be given to his will in connection with the Act of 1784, c. 22, section 8. James M. Banks died in 1835, leaving a last will and... |
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Cases |
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| Reid v. Edwards |
7 Port. 508, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Lauderdale. |
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Cases |
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| Reigne v. Desportes' Ex'r |
Dud. 118, Court of Appeals of Law of South Carolina (February 01, 1838) |
1838 |
A promise to pay a debt, barred by the statute of limitations, constitutes a new cause of action, which, a party seeking to avail himself of, must declare upon in the words in which it was made, or according to its legal effect. The old debt is regarded as the consideration which supports the promise. If the promise be made by one, to the other of... |
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Cases |
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