TitleCitationYearSummaryMost RelevantTypeStatus
Kerr v. Kerr 14 La. 177, Supreme Court of Louisiana (October 01, 1839) 1839 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF CARROLL.   Cases  
Kneeland v. Ensley 19 Tenn. 620, Supreme Court of Tennessee (February 08, 1839) 1839 This bill is filed by Susan Thompson, widow of Jason Thompson, deceased, and Ira C. Kneeland, her son by a former marriage, to recover property claimed by her against the estate of said Jason Thompson, as belonging to her in her individual right by the operation of the laws of Louisiana, the place of her residence when last married. Their right to...   Cases  
Lanning v. Harrison 3&4 Dev. & Bat. 599, Supreme Court of North Carolina (December 01, 1839) 1839 Upon a schedule filed by one taken under a ca sa, and desirous to avail himself of the benefit of the act for the relief of insolvent debtors, it is not competent for the court to order, nor for the clerk to issue a writ to the sheriff commanding him to sell the scheduled property, or so much thereof, as will satisfy the plaintiff's debt and costs,...   Cases  
Law v. Franks Chev. 9, Court of Appeals of Law of South Carolina (October 01, 1839) 1839 In an action for malicious prosecution, a declaration, alledging that the plaintiff was arrested, entered into recognizance, and was afterwards therefrom discharged, and that the prosecution was wholly ended and determined, is not sustained by proof of acquittal before a petit jury. The word discharged is not equivalent in pleading to...   Cases  
Lenox v. Pike 2 Ark. 14, Supreme Court of Arkansas (July 01, 1839) 1839 Where, to the transcript of the record sent up to the Supreme Court a paper is found appended, purporting to be a statement of the testimony given in the case, detailing the evidence, signed by the Judge below, and marked filed by the Clerk, it is no part of the record, and cannot be regarded in the Supreme Court. Whatever proceedings or facts the...   Cases  
Lesassier v. Dashiell 13 La. 151, Supreme Court of Louisiana (March 01, 1839) 1839 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Lewis v. Smith 3&4 Dev. & Bat. 471, Supreme Court of North Carolina (June 01, 1839) 1839 We entirely approve of the instructions given in this case. No position can be better established than that the assent of an executor to a bequest for life, where, upon the termination of the life estate, it is not necessary for the purposes of the will, that the executor should retake possession of the thing bequeathed, operates as an assent also...   Cases  
Lincoln v. Chrisman 10 Leigh 338, Supreme Court of Appeals of Virginia (July 01, 1839) 1839 I refer to the president's opinion, for the reasons which induce me to think that the court below committed no error in receiving evidence of slanderous words of the same and like character, spoken by the defendant of the plaintiff before the institution of the suit, for the purpose of proving malice; and none in modifying the entry which had been...   Cases  
Lister v. Vivian 8 Port. 375, Supreme Court of Alabama (January 01, 1839) 1839 Error to the County court of Washington.   Cases  
Literary Fund v. Dawson 10 Leigh 147, Supreme Court of Appeals of Virginia (March 01, 1839) 1839 I think the 16th and 17th sections of the will plainly give the property destined for the establishment of schools, to the executors, and not to the literary fund. If the plan for the establishment of the three schools contemplated in the 16th section could not be carried into effect, then the provision in the 17th section authorizes the executors...   Cases  
Lobdell v. Bullitt 13 La. 348, Supreme Court of Louisiana (April 01, 1839) 1839 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING.   Cases  
Lowry v. Houston 3 Howard 394, High Court of Errors and Appeals of Mississippi (January 01, 1839) 1839 The husband is entitled to a vested legacy of the wife, although not reduced into possession during coverture, and the purchaser of the same from the husband will acquire a good title. An assignment of the wife's choses in action by the husband during the lifetime of the wife, for a valuable consideration, has been repeatedly held to be valid. It...   Cases  
Magoffin v. Stringer 13 La. 370, Supreme Court of Louisiana (April 01, 1839) 1839 APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Maples v. Maples Rice Eq. 300, Court of Appeals of Equity of South Carolina (May 01, 1839) 1839 The principle that a debtor has the right to give a preference among his creditors, is too well settled in this State, to be now questioned. In a written assignment of this character any provision which secures an undue advantage to the debtor or assignor, has been held to vitiate the instrument so far as the rights of other creditors were hindered...   Cases  
Marr v. Rucker 20 Tenn. 348, Supreme Court of Tennessee (April 01, 1839) 1839 Three objections have been taken, in argument by counsel for the plaintiff in error, to the proceedings and judgment of the court below. First, that, the defendant below having returned no inventory, it was not competent for the court to hear proof to fix the defendant below with assets, but the remedy of the plaintiff in such case is by action on...   Cases  
Marshall v. White 8 Port. 551, Supreme Court of Alabama (January 01, 1839) 1839 Error to Autauga Circuit court. Trover, tried by Harris, J.   Cases  
Mathews v. Pascal's Ex'r 13 La. 47, Supreme Court of Louisiana (January 01, 1839) 1839 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
McAlister v. Olmstead 20 Tenn. 210, Supreme Court of Tennessee (December 01, 1839) 1839 1. Was Olmstead's appointment as guardian legal? We think it was. Although Nichol was named guardian as well as executor in the will, that did not make him such; and not having assumed the performance of the duties of guardian, but on the contrary renouncing that character in court, we can not consider him such because he may have done an act...   Cases  
McCollum v. Smith 19 Tenn. 342, Supreme Court of Tennessee (January 08, 1839) 1839 The complainants, Zilla and Sally, are the children of the defendant, by his former wife Tamsey. Tamsey was the daughter of John Dodd, of Louisiana, who died in that State, possessed of considerable estate, about the 1st of December, 1815. Mrs. Smith and her husband, the defendant, lived in Tennessee, where she died in February, 1816, before any...   Cases  
McMurran v. Soria 4 Howard 154, High Court of Errors and Appeals of Mississippi (December 01, 1839) 1839 By the civil code of Louisiana, the separate property of the husband and wife is that which either party brings in marriage, or subsequently acquires by gift or inheritance; and it expressly denies to the husband the right to alienate the property of the wife, either paraphernal or dotal. Where S. informed M. that he was about to trade for his note...   Cases  
McNutt v. Wilcox 3 Howard 417, High Court of Errors and Appeals of Mississippi (January 01, 1839) 1839 Where two separate suits were brought against the drawer and endorser of a promissory note, and judgments had, and forthcoming bonds given in each case; the bond against the maker of the note having been given and forfeited prior to that against the security: Held, the forfeiture of the forthcoming bond against the maker of the note, did not...   Cases  
Merrill v. Jones 8 Port. 554, Supreme Court of Alabama (January 01, 1839) 1839 Error to the Circuit court of Covington county. Writ of error to the Orphan's court, tried by Crenshaw, J.   Cases  
Michie v. Planters' Bank 4 Howard 130, High Court of Errors and Appeals of Mississippi (December 01, 1839) 1839 If the elder judgment creditor suspends his execution, he loses his priority of lien; and a levy and sale of property on a junior judgment will be regular, and accrue to the benefit of such judgment. The lien is but a security, to be pursued with diligence, and in good faith.   Cases  
Minter v. Bigelow 9 Port. 481, Supreme Court of Alabama (June 01, 1839) 1839 Error to the Circuit court of Dallas. Notice to the sheriff.   Cases  
Moncure v. Dermott 38 U.S. 345, Supreme Court of the United States (January 01, 1839) 1839 ERROR to the Circuit Court of the United States for the county of Washington, in the District of Columbia. The plaintiffs in error, executors of Mary James, instituted an action of covenant against the defendant, on the following instrument of writing: Whereas, Mary James has executed her bond or note, dated the 28th day of November, 1828, payable...   Cases  
Montgomery v. Wynns 3&4 Dev. & Bat. 667, Supreme Court of North Carolina (December 01, 1839) 1839 The instruction to the jury upon the statute of limitations, seems to the court to lay down a principle that is not entirely correct. The possession of George W. Montgomery is presumed to be upon his own title, and for his own benefit, and therefore, adverse to the plaintiffs, as to the rest of the world, unless the circumstance that he had...   Cases  
Moore v. Armstrong 9 Port. 697, Supreme Court of Alabama (June 01, 1839) 1839 Error to the Court of Chancery at Mobile. Bill of complaint heard before Crenshaw, Chancellor of the Southern Division.   Cases  
Moore's Adm'r v. George's Adm'r 10 Leigh 228, Supreme Court of Appeals of Virginia (April 01, 1839) 1839 This suit was commenced in the court below twenty years ago, to recover a widow's share of the distributable surplus of her husband's estate, who died eight years before the suit was brought. The decree that has been rendered, and which is now in question, is for a sum that is incontestably due, and is against parties incontestably responsible....   Cases  
Murphy v. Grice 2 Dev. & Bat.Eq. 199, Supreme Court of North Carolina (June 01, 1839) 1839 By marriage, the husband acquires all the personal chattels of his wife in possession; and, as at law the possession of the cestuy que trust is the possession of the trustee, so in equity the possession of the trustee is the possession of his cestuy que trust; consequently, in equity the husband will be entitled to all the personal chattels of...   Cases  
Nelson's Heirs v. Bush's Adm'r 9 Dana 104, Court of Appeals of Kentucky (November 18, 1839) 1839 FROM THE CIRCUIT COURT FOR CLARK COUNTY. The bill and its objects. This bill was filed by the infant children of Theodocia Nelson, deceased, formerly T. Bush, who suing by James Nelson, their father and next friend, ask for their distributive share of the personal estate of their maternal grandfather, Robert V. Bush, who had survived their mother....   Cases  
Nesbit v. McDaniel Chev. 12, Court of Appeals of Law of South Carolina (October 01, 1839) 1839 A writ in Trover cannot be served under the provisions of the Act of 1827, in any other District than that to which it is returnable. It is the intention of that act that the taking of the bond, &c., therein prescribed, shall be after action brought by service in the usual way.   Cases  
Noe v. Taylor 13 La. 249, Supreme Court of Louisiana (April 01, 1839) 1839 APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINTE COUPEE, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Norwood v. Marrow 3&4 Dev. & Bat. 578, Supreme Court of North Carolina (December 01, 1839) 1839 A deed for land, executed by a husband in trust to secure a usurious debt, is void as against his widow's claim to dower, and she is not bound to await the action of the heirs to regain the possession from one holding adversely under the deed. One claiming under a husband, is estopped from shewing title out of the husband and in a third person, to...   Cases  
Nott v. Botts 13 La. 202, Supreme Court of Louisiana (April 01, 1839) 1839 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING.   Cases  
Painpaie v. Martin 14 La. 59, Supreme Court of Louisiana (May 01, 1839) 1839 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING.   Cases  
Passmore v. Prather 9 Dana 57, Court of Appeals of Kentucky (October 28, 1839) 1839 FROM THE CIRCUIT COURT FOR MERCER COUNTY. This action was brought by Prather, the assignee, against Passmore, the assignor, to recover the amount of a note which the former had failed to recover from Vanover, the obligor. Judgment was confessed, without service of process, on an assigned note, at a term that ended April 11. Execution was ordered...   Cases  
Patterson v. Bonner 14 La. 214, Supreme Court of Louisiana (October 01, 1839) 1839 APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE OF THE FIFTH PRESIDING.   Cases  
Pavageau v. His Creditors 13 La. 354, Supreme Court of Louisiana (April 01, 1839) 1839 APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Pearson v. Daniel 2 Dev. & Bat.Eq. 360, Supreme Court of North Carolina (December 01, 1839) 1839 The material facts in this cause are those which are put in issue by the answer of the defendant, Daniel. For, as to the special defence set up by the defendant Buchanan, that he is a purchaser for a valuable consideration, and without notice, that may speedily be dismissed. He offers no proofs that he has paid any thing. In his answer, there is...   Cases  
Peter v. State 3 Howard 433, High Court of Errors and Appeals of Mississippi (January 01, 1839) 1839 Where a prisoner in custody makes confessions without any compulsion or promise of advantages, it seems they are admissible in evidence. A special appointment of foreman is not necessary, when the record shows that the indictment was found and returned into court by the whole panel. The name of the prosecutor must be marked on the indictment. Where...   Cases  
Peyroux v. Chasal 13 La. 459, Supreme Court of Louisiana (May 01, 1839) 1839 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING.   Cases  
Peyton v. Smith 2 Dev. & Bat.Eq. 325, Supreme Court of North Carolina (June 01, 1839) 1839 Executors and Administrators are chargeable with interest on balances in their hands, whenever those balances have accumulated beyond the exigencies of administration, unless it appears that the fund has been kept sacred and intact for the cestuy que trusts, as their property, ready to be delivered over to them, so that profits could not have been...   Cases  
Phares v. Stewart 9 Port. 336, Supreme Court of Alabama (June 01, 1839) 1839 Error to the Circuit court of Mobile. Case tried before Harris, J.   Cases  
Phillips v. Lane 4 Howard 122, High Court of Errors and Appeals of Mississippi (December 01, 1839) 1839 A party cannot after verdict, except to evidence to the admission of which he made no objection during the trial; but he may in a bill of exceptions taken to the opinion of the court, overruling a motion for a new trial, embody such portions of the evidence as may be required to place the merits of the case fairly before the appellate court. Where...   Cases  
Porter v. State 5 Mo. 538, Supreme Court of Missouri (May 01, 1839) 1839 Porter was indicted in the county of St. Louis, and on trial found guilty of the crime of adultery. He obtained a new trial, and also a change of venue to the county of Jefferson, where being again found guilty, he appealed to this court. A change of venue is allowed by the statute, first, where the Judge of the court in which the cause is pending...   Cases  
Powell's Heirs v. Powell's Adm'rs 9 Dana 12, Court of Appeals of Kentucky (October 17, 1839) 1839 FROM THE CIRCUIT COURT FOR GREENUP COUNTY. This case was formerly before the Court, when the decree of the Circuit Court against the claim of Vincent Powell's heirs to participate in the division of the estate descended from their grandfather, Joseph Powell, was reversed. Former decision here, and subsequent proceedings in the court below. By the...   Cases  
Pownal v. Taylor 10 Leigh 172, Supreme Court of Appeals of Virginia (April 01, 1839) 1839 (Absent Parker and Brooke, J.) The owner of a tract of land conveys it to his nephew in fee, subject to the maintenance and support of the grantor and his sister. The deed contains a covenant by the grantee for such maintenance and support, and declares that the land is to be bound therefor, into whose hands soever it may come. But the deed does...   Cases  
President, etc., of Bank of State of South Carolina v. Mitchell Rice Eq. 389, Court of Appeals of Equity of South Carolina (February 01, 1839) 1839 Where marriage articles, executed in 1809, by the husband, previous to his marriage, covenanting to convey the real and personal property of the wife to a trustee, upon certain trusts in favor of the wife and children of the marriage, were void as to creditors, for want of recording, as required by the act of 1785, the court HELD, a deed of...   Cases  
Ralston v. Telfair 2 Dev. & Bat.Eq. 414, Supreme Court of North Carolina (December 01, 1839) 1839 The jurisdiction of the Court of Equity in this case cannot, we think, be seriously questioned. Admitting that by actions of trover, assumpsit, or account, the administrator might have remedy at law against one who acted as executor under a will of which the probate has been recalled, because it was not a will, yet there must also be a jurisdiction...   Cases  
Rapp v. Peyroux 13 La. 218, Supreme Court of Louisiana (April 01, 1839) 1839 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING.   Cases  
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