| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Ray v. Lawrence |
8 Dana 78, Court of Appeals of Kentucky (April 27, 1839) |
1839 |
FROM THE CIRCUIT COURT FOR MARION COUNTY. Statement of the case. Ray, Chandler and Ray, merchants, assigned some promissory notes they held on David Lawrence. The assignees?? obtained judgments against Lawrence, and caused executions of fieri facias to be issued thereon, upon each of which the sheriff returned no property. The... |
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Cases |
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| Reynaud's Heirs v. Peytavin's Ex'rs |
13 La. 121, Supreme Court of Louisiana (March 01, 1839) |
1839 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ASCENSION. |
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Cases |
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| Richardson v. Murray |
Chev. 11, Court of Appeals of Law of South Carolina (October 01, 1839) |
1839 |
Where an obvious arithmetical error, in a discount specially pleaded, was corrected by the jury, so that the discount allowed was greater than that claimed by the plea, the court would not set aside the verdict. |
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Cases |
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| Rickard v. Talbird |
Rice Eq. 158, Court of Appeals of Equity of South Carolina (February 01, 1839) |
1839 |
Complainant sought by her bill, to set up and enforce a mortgage, which had been assigned to her by the mortgagee, one Givens, against the defendant a subsequent purchaser of the property in possession. It appeared that complainant was entitled, as a legatee, to a share of the estate of one George Stevens, of which Givens was the executor, and that... |
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Cases |
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| Rivas' Heirs v. Bernard |
13 La. 159, Supreme Court of Louisiana (March 01, 1839) |
1839 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Robinson v. Windham |
9 Port. 397, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to Tuskaloosa County court. Case for a false warranty. |
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Cases |
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| Rochelle v. Rochelle |
10 Leigh 125, Supreme Court of Appeals of Virginia (March 01, 1839) |
1839 |
I think it impossible that the notes for a will in this case, though read to the sick man, and pronounced by him to be right, as is proved by Parker the scrivener, were meant by him to contain the will, the final will he intended to make. The notes were no doubt intended as an outline of his will. There are not materials enough in them for a final... |
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Cases |
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| Rose's Adm'x v. Burgess |
10 Leigh 186, Supreme Court of Appeals of Virginia (April 01, 1839) |
1839 |
I concur in the opinion that will be delivered by the president. Upon the questions presented by the exception to the instruction given by the court below, his reasoning, I think, fully sustains his conclusions, and any thing from me would be superfluous. I will, however, notice an objection, not taken in the court below, but urged in this, to the... |
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Cases |
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| Runyon v. Leary |
3&4 Dev. & Bat. 373, Supreme Court of North Carolina (June 01, 1839) |
1839 |
It seems to us that the correctness of the instructions cannot be questioned. The plaintiff contended that the settlement was void for want of due registration; so that, as to his creditors, the legal estate vested in the husband jure mariti. Now, admitting that to be so, then Charlton contracted to sell to the defendant an estate for life, and... |
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Cases |
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| Sauvinet v. Poupono |
14 La. 87, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Cases |
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| Scales v. Swan |
9 Port. 163, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the Circuit court of Talladega. Attachmentbefore Shortridge, J. |
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Cases |
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| Scott v. James |
3 Howard 307, High Court of Errors and Appeals of Mississippi (January 01, 1839) |
1839 |
P. Pressler by his will directed that his property should be kept together in the hands of his executors, until his only daughter J. P. became of lawful age or married, then to be equally divided between his wife and daughter; but in case the daughter died without issue, then the will gave to the wife all the property, real and personal. Pressler... |
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Cases |
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| Scott's Ex'x v. Gorton's Ex'r |
14 La. 115, Supreme Court of Louisiana (October 01, 1839) |
1839 |
ON A REHEARING. |
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Cases |
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| Scott's Ex'x v. Gorton's Ex'r |
14 La. 111, Supreme Court of Louisiana (October 01, 1839) |
1839 |
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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| Shugart's Adm'r v. Thompson's Adm'r |
10 Leigh 434, Supreme Court of Appeals of Virginia (July 01, 1839) |
1839 |
(Absent Brooke and Cabell, J.) A bill alleges matters as grounds for impeaching or setting aside a settled account, and all of those matters are denied by the answer; but an order of account being made, proofs are adduced, which, though they do not sustain the specific objections taken in the bill, ascertain that the settlement may be justly... |
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Cases |
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| Skinner v. Gunn |
9 Port. 305, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to the Circuit court of Tuscaloosa. Assumpsit on note, tried before Chapman, J. |
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Cases |
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| Smith v. Milman |
2 Harr. 497 (April 01, 1839) |
1839 |
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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| Smith v. Smith |
13 La. 441, Supreme Court of Louisiana (May 01, 1839) |
1839 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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| Smith v. Story |
20 Tenn. 420, Supreme Court of Tennessee (July 01, 1839) |
1839 |
This is an attachment bill filed against the defendant under the provisions of the 1st section of the act of 1836, ch. 43, as a non-resident debtor, and not under those of the 3d section as an absconding debtor. The only question arising upon the pleadings and the proof is one of fact with reference to the jurisdiction of the court: that is,... |
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Cases |
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| Smith, Wright & Co. v. C. C. Campbell & Co. |
Rice 352, Court of Appeals of Law of South Carolina (May 01, 1839) |
1839 |
An assignment of the whole estate and effects of a debtor for the benefit of his creditors generally, though upon trusts, preferring in the order of payment one creditor to another, has been recognized in this State as valid and binding.(See Niolon v. Douglass et al., 2 Hill. Ch. R., 443, 446. Such a preference is not the undue... |
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Cases |
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| Snowden v. Pope |
Rice Eq. 174, Court of Appeals of Equity of South Carolina (February 01, 1839) |
1839 |
According to the rule laid down in the case of Sims v. Sanders, Harp. R. 374, it would seem that where the plaintiff's evidence conclusively establishes a title by gift no after declarations of the donor, can be offered in evidence by the other party to qualify or impeach the title. By this rule the competency of the after declarations of the... |
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Cases |
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| Spencer v. Pilcher |
10 Leigh 490, Supreme Court of Appeals of Virginia (July 01, 1839) |
1839 |
(Absent Brooke, J.) A forthcoming bond dated the 1st day of November 1834, being conditioned for the delivery of the property on the third monday of November next, it is contended that there could be no breach of the condition until the third monday in November 1835: HELD by the court of appeals (construing the instrument according to... |
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Cases |
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| Spruill v. Cannon |
2 Dev. & Bat.Eq. 400, Supreme Court of North Carolina (December 01, 1839) |
1839 |
An administrator is not entitled to commissions on the value of specific articles; though for his trouble and responsibility in respect to them, it is proper to have regard in estimating a proper commission on the receipts properly so called, that is to say, monies. If it appear that an administrator has not used the funds of the estate, and has... |
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Cases |
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| State v. Cooper |
5 Blackf. 258, Supreme Court of Indiana (November 01, 1839) |
1839 |
On the petition of Cooper, a man of colour, the Circuit Court, at the November term, 1834, issued a writ of habeas corpus, requiring Charles T. Noble to bring the petitioner before the Court, together with the cause of his detention. The return to the writ states that Cooper had been taken before a justice, &c., and that, on his failing to give... |
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Cases |
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| State v. Edney |
3&4 Dev. & Bat. 513, Supreme Court of North Carolina (December 01, 1839) |
1839 |
It may be remarked in the first place, that there was no evidence to sustain the plea that the charge was one of burglary, so as not to be, for that reason, within the jurisdiction of the County Court. The condition of the recognizance does not so express; and the warrant falls short of making a case of burglary, by omitting several of its... |
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Cases |
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| State v. Hoover |
3&4 Dev. & Bat. 500, Supreme Court of North Carolina (December 01, 1839) |
1839 |
With deep sorrow we have perused the statement of the case as it appeared upon the evidence; and we cannot surmise a ground on which the prisoner could expect a venire de novo. Indeed, it seems to us, that the case was left hypothetically to the jury, much more favourably for the prisoner than the circumstances authorized. A master may lawfully... |
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Cases |
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| Stewart v. Hawley & Bartholomew |
21 Wend. 552, Supreme Court of Judicature of New York (January 01, 1839) |
1839 |
Where a magistrate, on complaint of a violation of the statute for the observance of Sunday, issued a warrant, had the person complained of arrested, and imposed a fine upon him, it was held that he was not liable in an action of trespass, although he might have misjudged as to the facts alleged being an offence within the meaning of the... |
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Cases |
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| Stewart v. Hawley & Bartholomew |
21 Wend. 552 (January 01, 1839) |
1839 |
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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| Stokes v. Saltonstall |
38 U.S. 181, Supreme Court of the United States (January 01, 1839) |
1839 |
IN error to the Circuit Court of the United States for the district of Maryland. The defendant in error, Francis W. Saltonstall, in September, 1836, instituted an action for the recovery of damages against Richard C. Stockton and William B. Stokes, owners of a line of stages for carrying passengers from Baltimore to Wheeling; Mr. Saltonstall and... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Tally v. Tally |
2 Dev. & Bat.Eq. 385, Supreme Court of North Carolina (December 01, 1839) |
1839 |
Upon the reading of the bill, it struck us as being liable to the objection of novelty; which is an objection in itself of no inconsiderable force. Our attention was not called to any precedent for it; and none such is within our own remembrance. In further considering the case, the Court has come to the conclusion that the bill can derive as... |
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Cases |
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| Tazewell v. McCandlish |
10 Leigh 116, Supreme Court of Appeals of Virginia (March 01, 1839) |
1839 |
I am of opinion that the judgment in this case should be affirmed, the declaration being radically defective, as it shews no right of action in the relator. The material facts set forth in the declaration shew the following case: In the suit of Blow v. Maynard, an injunction was awarded, whereby, under certain circumstances, M'Candlish the marshal... |
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Cases |
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| Teat v. Lee |
8 Port. 507, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the County court of Lowndes. Decree for equalising distribution. |
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Cases |
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| Tewksbury v. Tewksbury |
4 Howard 109, High Court of Errors and Appeals of Mississippi (December 01, 1839) |
1839 |
Adultery is a sufficient cause for divorce from the bonds of matrimony. Upon a decree of divorce from the bonds of matrimony, on the ground of the adultery of the husband, the property which he obtained by the marriage, will be decreed to the wife. |
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Cases |
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| Town of Columbia v. Beasly |
20 Tenn. 232, Supreme Court of Tennessee (December 01, 1839) |
1839 |
This is an action of debt to recover $150, the tax assessed by the corporation aforesaid, for the year 1837, upon the defendant, as the keeper of a grocery for the retail of spirituous liquors in the town of Columbia. The ordinance laying the tax was passed April 19, 1837, and is as follows: Be it ordained by the authority aforesaid that a tax of... |
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Cases |
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| Tucker v. White |
2 Dev. & Bat.Eq. 289, Supreme Court of North Carolina (June 01, 1839) |
1839 |
A judgment creditor can only redeem upon the footing of shewing a good subsisting mortgage, which the mortgagor could go into a Court of Equity and redeem. The right of the creditor is founded originally on the idea of tacking, so that the mortgagor cannot redeem from him, without paying both the morgage money and the judgment debt. If, therefore,... |
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Cases |
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| U.S. v. Hardyman |
38 U.S. 176, Supreme Court of the United States (January 01, 1839) |
1839 |
ON a certificate of division in opinion from the Circuit Court of the United States for the eastern district of Virginia. James E. Hardyman was indicted in the Circuit Court of the eastern district of Virginia, for buying, receiving, and concealing treasury notes of the United States, knowing them to have been stolen. The treasury notes were... |
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Cases |
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| Utley v. Rawlins |
2 Dev. & Bat.Eq. 438, Supreme Court of North Carolina (December 01, 1839) |
1839 |
We do not deem it necessary to examine very particularly the testimony by which these allegations are supported, as the parties do not so much disagree respecting facts, as they do upon the principles applicable to them. It is not questioned, but that at the time the judgment was rendered against the defendants, all the assets in the hands of the... |
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Cases |
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| Vernon v. Morton |
8 Dana 247, Court of Appeals of Kentucky (May 07, 1839) |
1839 |
The complainants, respectively, in these three cases, upon the return of nulla bona upon executions sued out on judgments obtained by each, against Wilcox and Lynde, filled their bill to set aside a deed of conveyance, as fraudulent, by which they had assigned all their effects to Vernon and Averill, as trustees, for the use and benefit of their... |
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Cases |
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| Walker v. Sherman |
20 Wend. 636, Supreme Court of Judicature of New York (January 01, 1839) |
1839 |
Where in the partition of real estate belonging to tenants in common, and consisting in part of a woollen factory, the commissioners treated part of the machinery found in the factory as personal property and not as belonging to the realty, the court on motion confirmed their report; it not appearing that the machinery in question was in any manner... |
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Cases |
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| Walker v. Sherman |
20 Wend. 636 (January 01, 1839) |
1839 |
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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| Wallace v. Hannum |
20 Tenn. 443, Supreme Court of Tennessee (July 01, 1839) |
1839 |
In this case the question is presented whether, under and by virtue of the provisions of the 2d section of the act of limitations of 1819, a complete title is acquired by the possessor who has been in the possession without interruption for seven years. This court decided, in the case of Dyche v. Gass, 3 Yerg. 397, and in several subsequent cases,... |
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Cases |
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| Walton v. Avery |
2 Dev. & Bat.Eq. 405, Supreme Court of North Carolina (December 01, 1839) |
1839 |
The argument for the defendants denies the power of the Court to re-examine the question of commissions; and if the power exists, then the propriety of the alterations made by the decree, is denied. It is supposed that the jurisdiction of the County Court is exclusive; and, therefore, that the determination of that Court is conclusive upon all... |
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Cases |
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| Waters v. Duvall |
11 G. & J. 37, Court of Appeals of Maryland (December 01, 1839) |
1839 |
The principle is well established, that to enable the sheriff to sell land, and vest a valid title in the purchaser, a seizure is indispensable, and that without a valid seizure the purchaser acquires no title. If a levy be made upon part of a tract of land, without defining in the return the part levied upon, a sale made without describing... |
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Cases |
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| Webb v. Bumpass |
9 Port. 201, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the Circuit court of Lauderdale county. Trespass, to try title tried before Coleman, J. |
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Cases |
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| White v. White |
3&4 Dev. & Bat. 536, Supreme Court of North Carolina (December 01, 1839) |
1839 |
Before the plaintiff could entitle himself to a verdict, it was necessary to shew an assent on the part of the executor to the legacy in his favour. Acquiescence by an executor in the possession or sale, by the legatee for life, of the thing bequeathed, would furnish a ground for inferring an assent to the ulterior bequest. But such an inference... |
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Cases |
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| Wiggs v. Saunders |
3&4 Dev. & Bat. 618, Supreme Court of North Carolina (December 01, 1839) |
1839 |
Where in a deed of covenant to stand seized from an uncle to his nephew, T. S., the donor used these words: I give and grant, after the decease of my wife, two tracts of land lying, &c. to be possessed by him in fee simple, after the decease of my said wife, upon condition that he, the said T. S. shall then immediately, or as soon after a... |
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Cases |
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| Wilks v. Fitzpatrick |
20 Tenn. 54, Supreme Court of Tennessee (December 01, 1839) |
1839 |
This bill is filed by one of the executors of John Wilks, deceased, against his co-executor and the legatees, for a settlement and final adjustment of the estate of his testator, according to the rights of the parties. Morgan Fitzpatrick, who is made defendant, claims the legacy of Polly Dearin (who, together with her husband, John Dearin are also... |
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Cases |
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| Williams v. Barton |
13 La. 404, Supreme Court of Louisiana (April 01, 1839) |
1839 |
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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| Wright v. Trustees of Methodist Episcopal Church in City of New York |
Hoff. Ch. 202, Chancery Court of New York (January 01, 1839) |
1839 |
LEGACIES were given to my second cousins, Archibald, Euphemia, Mary, and Nancy, children of George Murray, or to their heirs, $500 each, with provision that, in case of the death of either of them before they should arrive at lawful age, and without issue, their shares should be divided equally among the survivors, or their heirs.... |
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Cases |
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| Adams v. His Creditors |
14 La. 454, Supreme Court of Louisiana (February 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF IBERVILLE, JUDGE COOLEY, THE THEN JUDGE OF THE DISTRICT, PRESIDING. |
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Cases |
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