Title | Citation | Year | Summary | Most Relevant | Type | Status |
Reynolds v. Reynolds |
12 La. 617, Supreme Court of Louisiana (October 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES. |
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Cases |
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Rice v. Simmons |
2 Harr. 417, Court of Errors and Appeals of Delaware (June 01, 1838) |
1838 |
Distinction between written and verbal slander. Any publication that tends to disgrace a man, or bring him into contempt or ridicule, is a libel. But a degrading imputation must appear on the face of the libel, or by necessary inference from it. Hence, mere scurrility and abuse, without point or specific imputation, is not actionable. Covert... |
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Cases |
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Richardson v. Richardson |
Dud.Eq. 184, Court of Appeals of Equity of South Carolina (February 01, 1838) |
1838 |
A codicil, to operate as a republication of a will, must either be annexed to it at the time of its execution, or expressly confirm it. A party who would be benefitted by the re-publication of a will, so as to pass after-acquired lands, is an incompetent witness to codicil, so far as it would have the effect of a re-publication. Separate... |
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Cases |
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Rogers & Thompson v. Moore |
Rice 60, Court of Appeals of Law of South Carolina (December 01, 1838) |
1838 |
Independently of the act of 1827, in relation to the action of trover, the doctrine in this state is well settledthat a verdict for the plaintiff, in trover, changes the property and transfers the right to the defendant, and makes it liable to be taken in execution for his debts. The leading case on this subject in this state,... |
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Cases |
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Rosser v. Randolph |
7 Port. 238, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the Circuit court of Tuskaloosa county, exercising chancery jurisdiction. |
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Cases |
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Russell v. Taylor |
5 Mo. 244, Supreme Court of Missouri (June 01, 1838) |
1838 |
Opinion formerly delivered in this case (see 4 Mo. R. 550), affirmed. This case was before this court at the last June term of this court. An opinion was then delivered at large. The same facts then before the court are now presented by way of special verdict. We have again examined the statute with regard to this matter, and we cannot see the law... |
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Cases |
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Rutledge's Trustees v. Rutledge's Adm'x |
Dud.Eq. 201, Court of Appeals of Equity of South Carolina (February 01, 1838) |
1838 |
Under a limitation in a marriage settlement of property to husband and wife, and to the survivor for life, and after the decease of both, to the issue of the marriage, if any, but, if none, or should such issue die during the lives of husband and wife, or the survivor, then to the survivor, it was held that the children of the marriage took under... |
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Cases |
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Sager v. Warley |
Rice Eq. 26, Court of Appeals of Equity of South Carolina (December 01, 1838) |
1838 |
By law an administrator is bound to make equal distribution and to deliver to each distributee his equal share of the estate. Complainant, as one of the distributees of his father's estate, complained of the inequality of a division of that estate, made in 1817, by commissioners, under a commission from the court of ordinary. It appeared that under... |
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Cases |
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Seghers v. Schmidt |
12 La. 207, Supreme Court of Louisiana (April 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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Shearman v. Christian |
9 Leigh 571, Supreme Court of Appeals of Virginia (December 01, 1838) |
1838 |
We are of opinion that the question as to the dignity of the debt due from Martin Shearman's estate to Fleet's representatives was directly before this court upon the former appeal, and was directly decided. This is obvious from the opinions of the judges, to which we may refer as a guide in the interpretation of the decree. But it is, moreover,... |
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Cases |
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Shober v. Hauser |
3&4 Dev. & Bat. 222, Supreme Court of North Carolina (December 01, 1838) |
1838 |
The plaintiff had no claim to recover except upon the demise of Salathiel Stone. There was no evidence of title in Bagge, and if Shober ever had any legal estate, it passed by his conveyance to Stone. The correctness of the instruction is therefore to be considered in reference to his demise. In the argument of the case, several questions of law... |
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Cases |
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Shutt v. Carloss |
1 Ired.Eq. 232, Supreme Court of North Carolina (December 01, 1838) |
1838 |
A guardian, who permits his female ward to marry under the age of fifteen years, cannot, for that reason, be held accountable as trustee for the wife, after the marriage, and after he has delivered over the property to her husband. The guardianship ceased upon the marriage, for the statute (Rev. Stat. c. 71, s. 7, and c. 34, s. 47,) does not... |
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Cases |
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Sims v. Hundly |
2 Howard 896, High Court of Errors and Appeals of Mississippi (January 01, 1838) |
1838 |
A trustee for sale, in default of payment of mortgage money, may execute the trust, and sell without an order from a court of equity; and such sale is a perfect foreclosure, and bar to the equity of redemption on the part of the grantor or mortgagor. |
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Cases |
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Singleton v. Gayle |
8 Port. 270, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Monroe, exercising chancery jurisdiction. Bill of foreclosure, tried before Lipscomb, J. |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Slade v. Rhodes |
2 Dev. & Bat.Eq. 24, Supreme Court of North Carolina (June 01, 1838) |
1838 |
The plaintiff is not in this court an assignee. It is impossible for us to declare upon these proofs, that the alledged assignment was for a fair and valuable consideration. The instrument of the 21st of August 1829, shows a contract founded in champerty, the most odious species of maintainance, prohibited by the common law, and denounced by... |
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Cases |
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Smith v. Moore's Heirs |
6 Dana 417, Court of Appeals of Kentucky (June 02, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR HARRISON COUNTY. The defendants in error brought an action of ejectment against Smith, for a tract of one hundred and two acres of land. They claimed as heirs of Henry C. Moore, deceased. Smith claimed, in part, under a conveyance made to him by one of the executors of said decedent, and as to the residue, under a... |
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Cases |
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Smith v. the Joseph Stewart |
Crabbe 218, District Court, ED Pennsylvania (July 09, 1838) |
1838 |
These were two libels against the schooner Joseph Stewart, Crandell, master,the first for salvage, by George Smith and others, mariners, and Richards & Bispham, for the schooner Caspian, and the other for wages, by Charles Hoy and others, mariners. The Joseph Stewart having been libelled for salvage by the parties in the first of the above suits,... |
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Cases |
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Smith v. Thomas |
2 Dev. & Bat.Eq. 126, Supreme Court of North Carolina (December 01, 1838) |
1838 |
A motion to dissolve an injunction may be made notwithstanding exceptions have been filed to the answer; and the motion for the dissolution and the exceptions will come on to be argued before the court together, when the court will not disregard the exceptions, but will look into them, and if found not to be frivolous, will give them due effect in... |
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Cases |
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Spooner v. McConnell |
1 McLean 337, Circuit Court, D Ohio (December 01, 1838) |
1838 |
This was a bill in equity by Lysander Spooner against Alexander McConnell and others. Heard on motion for an injunction. |
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Cases |
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St. John v. O'Connel |
7 Port. 466, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Mobile. |
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Cases |
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State of Rhode Island v. Com. of Massachusetts |
37 U.S. 657, Supreme Court of the United States (January 01, 1838) |
1838 |
ON the 16th of March, 1832, the state of Rhode Island, by their solicitor, filed a bill against the state of Massachusetts, for the settlement of the boundary between the two states; and moved for a subpoena to be issued, according to the practice of the Court, in similar cases. This motion was held under advisement until the following term; and a... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
State v. Jesse |
3&4 Dev. & Bat. 95, Supreme Court of North Carolina (June 01, 1838) |
1838 |
The instruction prayed on behalf of the prisoner does not specify on which of the two issues he demanded a verdict in his favour. From the nature of the instruction, and referring to the evidence to which it relates, it would seem to be necessarily confined to the plea to the felony; if so, the question which has been debated, upon the effect of... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
State v. Jones |
3&4 Dev. & Bat. 120, Supreme Court of North Carolina (June 01, 1838) |
1838 |
The property which the indictment charged the defendant to have feloniously taken and carried away, was on the trial proved to have been stolen from the prosecutor, and shortly thereafter the identical property was found in possession of the defendant. This proof having been made on behalf of the state, raised a presumption that the defendant was... |
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Cases |
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State v. Leigh |
3&4 Dev. & Bat. 126, Supreme Court of North Carolina (June 01, 1838) |
1838 |
It was probably the object of this appeal to obtain the opinion of the Court, whether a justice of the peace be liable to indictment, who, without corruption, neglects to issue a warrant for the apprehension of a person within his county, who the magistrate personally knows, or has reason to believe, has been guilty of felony. But the Court does... |
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Cases |
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State, to Use of Wroth v. Nicols |
10 G. & J. 27, Court of Appeals of Maryland (December 01, 1838) |
1838 |
It is not in the power of a testator to alter the legal character of real estate by directing that it shall be considered as part of his personal estate, and money arising from the sale of the former, therefore, when paid over to executors in pursuance of the will, will be held by them as trustees, and treated as equitable assets, though the... |
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Cases |
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Steel v. Worthington |
7 Port. 266, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the Circuit court of Jefferson county. |
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Cases |
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Stephens' Adm'r v. Barnett |
7 Dana 257, Court of Appeals of Kentucky (October 22, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR HARDIN COUNTY. On the 20th of July, 1820, Joseph Towles became bound in a replevin bond to Lewis F. Stephens, for a larg?? sum of money; and Stephens and Towles both having died, the administrator of the former brought an action of covenant on the bond against Andrew Barnett, as the administrator of the latter. Statement... |
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Cases |
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Stilwell v. Barter |
19 Wend. 487, Supreme Court of Judicature of New York (January 01, 1838) |
1838 |
A charge of smuggling goods into the country is libellous. It is no answer to a libel charging a party with having been actively and profitably engaged in smuggling during the period of the late war, that he had violated the revenue laws in a single instance previous to the war and in a time of peace; the justification, to be efficient, must be as... |
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Cases |
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Stilwell v. Barter |
19 Wend. 487 (January 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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Stoddard v. Butler |
20 Wend. 507, Court for the Correction of Errors of New York (January 01, 1838) |
1838 |
A decree in chancery, adjudging an absolute sale of personal property by a debtor to his creditor fraudulent and void under the statute as against creditors, on appeal was affirmed in the court for the correction of errors; the property transferred being deemed to be of a value more than sufficient to satisfy the debt of the vendee; the transfer... |
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Cases |
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Stringfellow v. Williams |
6 Dana 236, Court of Appeals of Kentucky (April 14, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. This bill was filed, in May, 1822, by Samuel L. Williams, for the purpose of enjoining all further proceedings against him upon a replevin bond executed by Levi L. Todd, and the complainant, with others, to John Stringfellow. The liability of a surety is not affected by any indulgence of the principal... |
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Cases |
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Strother v. Lucas |
37 U.S. 410, Supreme Court of the United States (January 01, 1838) |
1838 |
IN error to the district court of the United States for the district of Missouri. The counsel for the plaintiff in error, exhibited the following statement of the case: This was an action of ejectment brought by Daniel F. Strother, of Kentucky, against Jno. B. C. Lucas, of Missouri, to recover a tract of land particularly... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Talbot v. Jones |
5 Mo. 217, Supreme Court of Missouri (April 01, 1838) |
1838 |
This cause arises out of an application made by Talbot, to the Circuit Court of Warren county, to be permitted to take the benefit of the act for the relief of insolvent debtors, passed the 18th of December, A. D. 1824. At the May term of the Circuit Court for Warren county, for the year 1833, Jones filed allegations in that court against Talbot,... |
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Cases |
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Tatum v. Tatum |
1 Ired.Eq. 113, Supreme Court of North Carolina (June 01, 1838) |
1838 |
There is no allegation that the plaintiffs, by any misconduct or management, caused the lands to sell for less than their real value. We must take it, therefore, that the lands brought what they were worth at a ready money sale. The plaintiffs, in this Court, are subrogated to all the rights of the creditors, whose debts they have been compelled to... |
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Cases |
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Taylor v. Penrose |
12 La. 137, Supreme Court of Louisiana (March 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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Terrill v. Chambers |
12 La. 582, Supreme Court of Louisiana (October 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE THEREOF PRESIDING. |
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Cases |
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The Etna |
1 Ware 462, District Court, D Maine (November 20, 1838) |
1838 |
This was a suit brought by Edward Walker, a minor, who prosecuted by Joseph Walker, his father and next friend, for subtraction of wages. The libellant shipped April 15, 1838, for a voyage from this port to Norfolk, and thence to various ports in the southern states and back to Portland, where the vessel arrived August 31, when he was discharged.... |
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Cases |
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Thompson v. Scales |
11 La. 560, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE THEREOF PRESIDING. |
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Cases |
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Tindal v. Hudson |
2 Harr. 441 (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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Tournoir v. Tournoir |
12 La. 19, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF POINT COUPEE. |
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Cases |
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Traverso v. Row |
11 La. 494, Supreme Court of Louisiana (February 01, 1838) |
1838 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF WEST FELICIANA. |
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Cases |
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Trotter v. Blocker |
6 Port. 269, Supreme Court of Alabama (January 01, 1838) |
1838 |
Error to the Circuit court of Lawrence 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. |
Tucker v. Williams |
Dud. 329, Court of Appeals of Law of South Carolina (May 01, 1838) |
1838 |
A donee, claiming by a deed, void as to existing creditors, and after the death of the donor taking possession of the property embraced in it, will be liable to such creditors as an executor de son tort. |
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Cases |
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Turner v. Johnson |
7 Dana 435, Court of Appeals of Kentucky (December 17, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR WARREN COUNTY. Turner declared against Johnson in three counts of special assumpsit. His declaration was demurred to, and the demurrer sustained, and judgment rendered against the plaintiff; and he has brought the case to this Court. A demurrer to a whole decision can not be sustained if any of the counts is good. If any... |
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Cases |
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U.S. v. Kingsley |
37 U.S. 476, Supreme Court of the United States (January 01, 1838) |
1838 |
ON appeal from the superior court of East Florida. In the district court of East Florida, in April, 1829, Zephaniah Kingsley presented a petition, claiming title to a tract of land situated on a creek emptying into the river St. John; which he asserted was granted to him by Governor Coppinger, on the 20th of November, 1816, while East Florida was... |
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Cases |
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U.S. v. Mills |
37 U.S. 215, Supreme Court of the United States (January 01, 1838) |
1838 |
APPEAL from the superior court of East Florida. In the superior court of East Florida, the widow and children, heirs of William Mills, deceased, presented a petition, claiming title to a tract of land, situated on the east side of the river St. Johns, at a place called Buffalo Bluff, about two miles below the former plantation of Panton Leslie and... |
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Cases |
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Underwood v. Dismukes |
19 Tenn. 299, Supreme Court of Tennessee (December 01, 1838) |
1838 |
The rights of the complainants to maintain this bill, under the circumstances which have occurred, depends upon such a construction being given to the will of their grandfather, Thomas Royster, as shall establish: 1. That the bequests of the will did not upon the death of the testator, vest a personal interest in the children of the testator to the... |
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Cases |
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Van Kleeck v. Reformed Protestant Dutch Church of New York |
20 Wend. 457, Court for the Correction of Errors of New York (January 01, 1838) |
1838 |
Property specifically devised does not go into the residuum where the devisee is by law incapable of taking; in such case, as well, as where a devise lapses by the death of the devisee, the property descends to the heir at law: and IT WAS ACCORDINGLY HELD, where by a will made in 1722, real estate was devised to a religious corporation, and the... |
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Cases |
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Van Winckle v. Flecheaux |
12 La. 148, 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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Vawter v. Gill |
12 La. 423, 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 DISTRICT PRESIDING. |
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Cases |
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