TitleCitationYearSummaryMost RelevantTypeStatus
Allen v. U.S. Taney 112, Circuit Court, D Maryland (November 01, 1840) 1840 At law. Action of debt by the United States against Robert W. Allen, John Henderson, and James Swedge on a bond. Judgment in district court for plaintiff. Defendants bring error. Affirmed.   Cases  
Anderson v. Felton 1 Ired.Eq. 55, Supreme Court of North Carolina (June 01, 1840) 1840 With every disposition to the contrary, we find ourselves obliged to hold the legacies in this will not to have been vested. There are no words of gift of the personalty, except by inference from the direction to divide. And as to the period of division, and consequently of gift, the will uses terms of strict condition: at the time my daughter...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Anderson v. Lincoln 5 Howard 279, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 A purchaser of land cannot have relief in chancery against his contract to pay, on the mere ground of defect of title, without a previous eviction. It is a universal rule, that a purchaser buying with full notice of the defect in the title, will not for that defect be relieved in equity.   Cases  
Anderson v. Thompson 11 Leigh 439, Supreme Court of Appeals of Virginia (November 01, 1840) 1840 In the examination of this case, I think it unnecessary to advert to the bill of review which was offered and rejected, because the question whether the decree is erroneous on its face, is fairly presented by the appeal from that decree. It is proper also to dispose succinctly of some minor points which have been much insisted on in the argument,...   Cases  
Armor v. Huie 14 La. 346, Supreme Court of Louisiana (February 01, 1840) 1840 APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS.   Cases  
Armor v. Lewis 16 La. 331, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE PARISH OF MADISON, JUDGE DAVIS PRESIDING.   Cases  
Badon's Heirs v. Foucher 15 La. 455, Supreme Court of Louisiana (June 01, 1840) 1840 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF ST. TAMMANY.   Cases  
Baldwin v. Marshall 21 Tenn. 116, Supreme Court of Tennessee (December 01, 1840) 1840 This is an action of trespass for taking two horse mules, the property of the plaintiff. It appeared in evidence that Lewis C. Allen, on the 28th day of January, 1839, executed a deed of trust to the plaintiff, conveying several mules and horses, and among them the two mules described in the declaration. This deed was registered the 28th February,...   Cases  
Bank of Alexandria v. Dyer 39 U.S. 141, Supreme Court of the United States (January 01, 1840) 1840 IN error to the Circuit Court of the United States for the county of Washington, in the District of Columbia. On the 26th of October, 1835, the plaintiff in error instituted a suit in the Circuit Court of the United States for the County of Washington, in the District of Columbia, against the defendants, for the sum of two thousand five hundred...   Cases  
Bank of Mississippi v. Catlett's Ex'rs 5 Howard 175, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 When a writ of fieri facias or capias ad satisfaciendum is sued out, within the year and a day, and not executed, a new writ of execution may be taken out at any time afterwards, without a scire facias, provided the first writ be returned and filed, and continuances entered from the time of issuing it. And these continuances may be entered after...   Cases  
Bank of United States v. Patton 5 Howard 200, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 The forfeiture of the forthcoming bond is, in legal intendment, an extinguishment of the original judgment. The statutory judgment on the bond does not preclude an inquiry as to whether there was originally, a valid judgment from which the bond emanated; but neither the circuit, nor appellate court can vacate the judgment on the forthcoming bond...   Cases  
Baptiste v. State 5 Blackf. 283, Supreme Court of Indiana (May 01, 1840) 1840 The overseers of the poor for Madison township, Jefferson county, on the 7th of February, 1839, filed a complaint before a justice of the peace, representing that George D. Baptiste, a mulatto person, then was a resident of that township; that he came to this State since the first of September, 1831, and that he had not given bond with...   Cases  
Barker v. Pool 6 Mo. 260, Supreme Court of Missouri (June 01, 1840) 1840 Pool brought his suit against Barker before a justice of the peace; judgment was there given for the plaintiff. The defendant appealed to the Circuit Court, and in that court judgment was a again given for the plaintiff; to reverse which Barker brings the cause here on a writ of error. The evidence, appearing on the record, shows that the action...   Cases  
Barker v. Wanzer 5 Howard 290, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 If it appear from the record that all the parties prayed the appeal, it will be sufficient under the statute, although the bond is executed by one only.   Cases  
Barnett v. Macoin 14 La. 428, Supreme Court of Louisiana (February 01, 1840) 1840 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING.   Cases  
Barrett v. Walker 14 La. 303, Supreme Court of Louisiana (January 01, 1840) 1840 APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING.   Cases  
Beauchamp v. Handley 1 B.Mon. 135, Court of Appeals of Kentucky (December 18, 1840) 1840 Facts of the case?? SOMETIME about the year 1789, James Handley bought from Charles Ewing, (by executory agreement in writing,) and settled upon a tract of land of 250 acres, included in a patent to John Ewing for 1000 acres, and to one-half of which 1000 acres, the said Charles seems to have had an equitable right. Prior to the year 1814, the said...   Cases  
Bentley ads. Reynolds 1 McMul. 16, Court of Appeals of Law of South Carolina (October 01, 1840) 1840 Any words occasioning actual damage to one, are actionable, and it is not necessary that they should be defamatory. Sed, this doctrine, however, must be taken subject to the limitation, that the injury complained of must not be the unlawful acts of others, because they are answerable themselves, and the damage sustained must be the immediate...   Cases  
Bernard v. Pyburn 15 La. 126, Supreme Court of Louisiana (March 01, 1840) 1840 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, THE JUDGE OF THE DISTRICT PRESIDING.   Cases  
Bethia v. McKay Chev.Eq. 93, Court of Appeals of Equity of South Carolina (February 01, 1840) 1840 After an order to account and report made, a Complainant shall not, on payment of costs, have leave to dismiss his bill.   Cases  
Bissell v. Erwin's Heirs 15 La. 94, Supreme Court of Louisiana (March 01, 1840) 1840 APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Black v. Oliver 1 Ala. 449, Supreme Court of Alabama (June 01, 1840) 1840 Error to the Circuit Court of Marshall County.   Cases  
Blackman v. Stogner Chev.Eq. 175, Court of Appeals of Equity of South Carolina (May 01, 1840) 1840 The genuineness of a note, sealed and attested, being called in question before the Commissioner, the signature of the maker was proved by three witnesses; that of the attesting witness was not proved, and two witnesses thought it spurious. The Commissioner reported the note as genuine, and the Chancellor on circuit, confirmed the report....   Cases  
Blacknall v. Wyche 1 Ired. 94, Supreme Court of North Carolina (June 01, 1840) 1840 It seems to us that the words of the will do not admit of the interpretation contended for by the plaintiffs. In regard to his grandson Thomas, the testator says he is to pay my executors five hundred dollars, in full of all advancements made to him or to his father. How is it possible, to hold consistently with this language, that he is to pay...   Cases  
Board of Chosen Freeholders of Sussex County v. Strader 18 N.J.L. 108, Supreme Court of Judicature of New Jersey (September 01, 1840) 1840 On a case certified from the Sussex Circuit, on Certiorari. The term bridge as used in the Statute of New Jersey, includes not only the structure across the stream, but its abutments also, so finished, that travellers and others may safely pass thereon. A public bridge, the cost of which exceeds one hundred and fifty dollars, is to be built,...   Cases  
Bob and Milly v. Nugent's Syndics 15 La. 63, Supreme Court of Louisiana (March 01, 1840) 1840 APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING.   Cases  
Boon v. Rea 1 Ired.Eq. 71, Supreme Court of North Carolina (June 01, 1840) 1840 There is no dispute but that the debts of the testator were properly paid by the administrator, out of the bonds, &c., left by him. And we are of the opinion, that the property mentioned in the ninth clause of the will, was directed to be converted into money, for the benefit of Elizabeth Leak, after the satisfaction of the general legacies. There...   Cases  
Boyce v. Waller 9 Dana 478, Court of Appeals of Kentucky (May 29, 1840) 1840 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Statement of the case. Elizabeth Boyce, who was entitled, under the will of her deceased husband, to an undivided portion of his estate, being about to intermarry with Gerard McKinney, who was then insolvent, made to Henry Clay and Thomas Bodley, on the 15th of August, 1812, a conveyance of all her said...   Cases  
Brander v. Bowmar 16 La. 370, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE SEVENTH DISTRICT FOR THE PARISH OF OUACHITA, THE JUDGE OF THE SIXTH PRESIDING.   Cases  
Brander v. Ferriday, Bennett & Co. 16 La. 296, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE PARISH OF CONCORDIA, JUDGE DAVIS PRESIDING.   Cases  
Bray's Ex'x v. Bray 16 La. 352, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF RAPIDES.   Cases  
Brewer's Lessee v. Blougher 39 U.S. 178, Supreme Court of the United States (January 01, 1840) 1840 AN action of ejectment was instituted by the plaintiff in error, a citizen of Pennsylvania, in the Circuit Court of the United States for the District of Maryland, for the recovery of a tract of land situated in Allegany county, in the state of Maryland, called Part of Grassy Cabin. The following were the facts of the case, as agreed upon by the...   Cases  
Brock v. Luckett's Ex'rs 4 Howard 459, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 Twelve witnesses, many of whom had been acquainted with the condition of the testator's mind from March, when he was afflicted with a paralytic attack, up to the day previous to the execution of his will in December, testified to his insanity, and stated the health and conduct of the testator upon which they based their opinions; viz: palsy in the...   Cases  
Brosnaham v. Turner 16 La. 433, Supreme Court of Louisiana (October 01, 1840) 1840 APPEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE PARISH OF CONCORDIA, THE JUDGE THEREOF PRESIDING.   Cases  
Brumfield v. Cunningham 14 La. 264, Supreme Court of Louisiana (January 01, 1840) 1840 APPEAL FROM THE COURT OF THE EIGHTH JUDICIAL DISTRICT, FOR THE PARISH OF ST. TAMMANY, THE JUDGE THEREOF PRESIDING.   Cases  
Buckley v. Hampton 1 Ired. 318, Supreme Court of North Carolina (December 01, 1840) 1840 A creditor, who has an execution in the hands of a sheriff, has a right to recover from him such a proportion of the value of the property, which ought to have been sold, as would, if there had been a sale according to the duty of the sheriff, have been applicable to his execution. It is not only the duty of the sheriff, when he receives a fleri...   Cases  
Buffalow v. Buffalow 2 Ired.Eq. 113, Supreme Court of North Carolina (June 01, 1840) 1840 Under the decree made in this cause at June Term, 1839, the master has made his report; and thereunto each of the defendants has excepted. And, by the consent of counsel, a petition for a re-hearing has also been filed for the defendants, as of the term in which the decree was pronounced. By agreement between the counsel, the whole matter, upon the...   Cases  
Burton's Heirs v. Burton 14 La. 352, Supreme Court of Louisiana (February 01, 1840) 1840 APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ST. HELENA.   Cases  
Callahan v. McAlexander 1 Ala. 366, Supreme Court of Alabama (June 01, 1840) 1840 Error to the Circuit Court of Morgan County.   Cases  
Callender v. McCreary 4 Howard 356, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 The advancement required by the statute of distributions, to be brought into hotch-pot, must have been received from the intestate himself.   Cases  
Campbells v. Patterson 11 Leigh 113, Supreme Court of Appeals of Virginia (April 01, 1840) 1840 I do not think the principles of this case difficult to adjust. But the amount due from the appellee to the appellants is not so easily ascertained. The first question of importance is the measure of the recovery. Is the appellant entitled to interest upon his advances, or must he sit down contented with his principal? When a borrower comes into...   Cases  
Charlton v. Gardner 11 Leigh 281, Supreme Court of Appeals of Virginia (August 01, 1840) 1840 These four cases are without difficulty. By the deed from Charlton to his children, the property passed to them, and nothing to his wife. She occupied the position of grantor in the deed, though, as she had nothing, she could grant nothing; nor could any thing be reserved to her, since reservation implies subsisting right, which she had not. In...   Cases  
Chase v. Maberry 3 Harr. 266 (October 01, 1840) 1840 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...   Trial Court Orders  
Clapp v. Mandeville 5 Howard 197, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 Interest in the question does not render the witness incompetent. An interest acquired after the event which the witness is called on to prove, does not disqualify him. A naked agreement of counsel to let the fate of one suit abide the fate of another, made without the consent of one of the plaintiffs and contrary to his wishes, does not render him...   Cases  
Clark v. Glover 14 La. 266, Supreme Court of Louisiana (January 01, 1840) 1840 APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF EAST FELICIANA, JUDGE SAUNDERS, PARISH JUDGE, PRESIDING.   Cases  
Clark v. Makenna Chev.Eq. 163, Court of Appeals of Equity of South Carolina (May 01, 1840) 1840 Property settled on an intended wife,to be her exclusive property and at her disposal, without being subject to the debts of her intended husband, or to any interference by him, but first to be liable for her own debts and contracts. Held liable for her note, given for family supplies, without looking into the propriety or necessity of the...   Cases  
Clark v. Perry 4 Howard 285, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 Where a contract was rescinded by a memorandum in writing, which made no mention of money already paid on the contract, parol evidence was admitted to prove that the party who had paid the same was not to receive it back. It is a general rule that admissions or declarations voluntarily made by a party, are always admissible in evidence against him.   Cases  
Collings v. Hamilton 14 La. 343, Supreme Court of Louisiana (February 01, 1840) 1840 APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OF WEST FELICIANA, JUDGE DAWSON, PARISH JUDGE, PRESIDING.   Cases  
Cook v. Bay 4 Howard 485, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 A final decree is one which makes an end of the case and decides the whole matter in controversy; and determines the costs, and leaves nothing further for the court to act on. The chancellor has the power at any time before a final decree to alter any interlocutory order in the cause. The chancellor may withdraw an issue directed out of chancery,...   Cases  
Cook v. Parkarson 16 La. 129, Supreme Court of Louisiana (September 01, 1840) 1840 APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE OF THE DISTRICT PRESIDING.   Cases  
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