| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Corbin v. Emmerson |
10 Leigh 663, Supreme Court of Appeals of Virginia (March 01, 1840) |
1840 |
Decree reversed. |
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Cases |
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| Cox v. Rees |
16 La. 109, Supreme Court of Louisiana (September 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARTIN, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Cresap v. Winter |
14 La. 553, Supreme Court of Louisiana (March 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, FOR THE PARISH OF ASCENSION, THE JUDGE OF THE DISTRICT PRESIDING. |
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Cases |
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| Cummings' Ex'r v. Daniel |
9 Dana 361, Court of Appeals of Kentucky (May 12, 1840) |
1840 |
FROM THE LOUISVILLE CHANCERY COURT. The present wife of Daniel and Andrew Cummings were intermarried in Georgia, in 1825. After living together as man and wife six or eight years, the latter separated from his wife, without any apparent cause, and settled himself in Louisville, in this state, leaving his wife in Georgia. After residing there a few... |
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Cases |
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| Cuny v. Robert |
16 La. 175, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Curle v. Pettus |
6 Mo. 497, Supreme Court of Missouri (September 01, 1840) |
1840 |
Pettus sued Curle in the Circuit Court of St. Louis county in the statutory action called petition in debt. Judgment was given for Pettus on a demurrer filed by Curle to the petition. The bond on which the suit is brought is in these words: On or before the first day of January next, we, Richmond J. Curle and David R. Pitman, promise to pay to... |
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Cases |
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| Daingerfield v. State |
4 Howard 658, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
Judgment on the forfeiture of a recognizance for appearance, will be reversed, if there is a material variance between the recognizance, the scire facias, and the judgment of the court. |
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Cases |
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| Dashiell v. Lesassier |
15 La. 101, 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 DISTRICT PRESIDING. |
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Cases |
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| Davis v. Cain's Ex'r |
1 Ired.Eq. 304, Supreme Court of North Carolina (December 01, 1840) |
1840 |
A testator bequeathed in one clause of his will, as follows: Having heretofore given and conveyed to my daughter Ann Davis and her husband Edward Davis a large and valuable real estate, besides sundry personal chattels, I do now hereby confirm the same. And I do hereby devise to my son William Cain in trust for the separate and sole use of... |
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Cases |
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| Dawson v. Dawson |
Chev.Eq. 148, Court of Appeals of Equity of South Carolina (February 01, 1840) |
1840 |
D. disposed of all his estate by will, and afterwards, by deed, gave all his real and personal property to my namd children in my will, and I do acknolege this day to be thern and no others then those that are namd in my will, and the use ther in menshend. This was a gift, irrevocable, of all that was covered by the will at the date of the deed;... |
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Cases |
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| Dawson v. Dawson's Ex'r |
10 Leigh 602, Supreme Court of Appeals of Virginia (March 01, 1840) |
1840 |
The only question upon this appeal, is as to the construction of the codicil to the will of Martin Dawson; and that question seems to me to be without difficulty. It cannot be denied, that so far as the codicil contains a disposition of the testator's property, different from the will, or modifying its provisions, the will must yield, although the... |
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Cases |
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| Dawson v. Duplantier |
15 La. 289, Supreme Court of Louisiana (April 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE THIRD DISTRICT FOR THE PARISH OF EAST BATON ROUGE, THE JUDGE OF THE DISTRICT PRESIDING. |
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Cases |
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| Defau v. Pelane |
15 La. 273, Supreme Court of Louisiana (April 01, 1840) |
1840 |
APPEAL FROM THE CITY COURT OF NEW ORLEANS. |
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Cases |
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| Dellet v. Whitner |
Chev.Eq. 213, Court of Appeals of Equity of South Carolina (May 01, 1840) |
1840 |
Under a power to sell land, but not to warrant the title, an agreement to make titles with a clause of warranty is not valid, or binding, even to the extent of the power, upon the grantor. As a general rule, even in the case of a bona fide occupant of land, who supposes himself the rightful proprietor, Chancery will not sustain a claim for the... |
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Cases |
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| Derepas v. Shallus |
15 La. 371, Supreme Court of Louisiana (May 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Dillard v. Wallace |
1 McMul. 480, Court of Appeals of Law of South Carolina (December 01, 1840) |
1840 |
Where an overseer has been guilty of neglect, and some small departure from the terms of his contract, and these are known to his employer, and he is still continued as her overseer, it will be considered as a waiver of them, as grounds to rescind the contract. |
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Cases |
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| Douthitt v. Douthitt |
1 Ala. 594, Supreme Court of Alabama (June 01, 1840) |
1840 |
It is insisted by the plaintiff that in this case, there is error in the record--First. Because the proceedings preparatory to the decree are irregular: Second. Because the decree is unauthorized by the matters appearing in it. First. By the 21st section of the act of 1806, concerning wills and testaments, the settlement of intestate's estates,... |
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Cases |
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| Dubose v. James |
McMul.Eq. 55, Court of Appeals of Equity of South Carolina (December 01, 1840) |
1840 |
Defendant, James, was the trustee of the estate of the Brailsfords, and the administrator of the estate of complainant's father. During the time that he continued to act as trustee and as administrator of the two estates, he filed his bill in the Court of Equity against complainants, for the purpose of obtaining the sanction of the Court, to a sale... |
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Cases |
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| Dunbar v. Thomas |
14 La. 332, Supreme Court of Louisiana (February 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT FOR THE PARISH OF WEST FELICIANA, JUDGE MORGAN, THEN JUDGE OF THE DISTRICT, PRESIDING. |
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Cases |
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| Dunbar's Ex'rs v. Woodcock's Ex'r |
10 Leigh 628, Supreme Court of Appeals of Virginia (March 01, 1840) |
1840 |
(Before a special court of appeals consisting of Brooke, judge of the court of appeals, and Scott, Leigh and Allen, judges of the general court). Testator, a Virginia farmer, gives the residuum of his estate, real and personal, to his wife for life, and after her death, gives the same, as well the land as all the other property remaining at her... |
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Cases |
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| Dupuy v. Dashiell |
15 La. 124, 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. |
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Cases |
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| Dwight v. Bemiss |
16 La. 145, 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 SIXTH PRESIDING. |
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Cases |
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| Eagan v. Gantt |
1 McMul. 468, Court of Appeals of Law and Equity of South Carolina (December 01, 1840) |
1840 |
On the trial of an action for slander, the defendant will not be permitted, under the plea of the general issue, to prove the truth of the words spoken, or any fact which will go to criminate the plaintiff. The plea of justification, in order to prove the truth of the slander, must always be pleaded. |
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Cases |
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| Earle v. Middleton |
Chev. 127, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
In case of eviction, the measure of damages, on the covenant of warranty, is the purchase money with interest from the date of the purchase. There is no case of eviction actually or constructively, by paramount title, where the party's right to interest could be defeated by the reception of the rents and profits.D-O'Neall, J. |
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Cases |
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| Eddins v. Wilson |
1 Ala. 237, Supreme Court of Alabama (January 01, 1840) |
1840 |
By the second section of the act of 1807, it is enacted that, if any person who may be a witness in any cause, depending in any of the said courts, shall be under the necessity of leaving this territory before such cause is to be tried, or even before it be at issue, upon oath thereof being made before any judge or justice of the court... |
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Cases |
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| Edgerton v. McRea |
5 Howard 183, High Court of Errors and Appeals of Mississippi (December 01, 1840) |
1840 |
When the bill contained an averment of an offer by the mortgagee, to redeem some time prior to the day limited for payment, and the mortgagor did not refuse to receive the money, because the tender was premature, but denied the right to redeem; and the bill contained a prayer for an account and a redelivery of the mortgaged property; it was held a... |
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Cases |
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| Edmonds v. Edmonds |
1 Ala. 401, Supreme Court of Alabama (June 01, 1840) |
1840 |
Writ of error to the Circuit Court of Tuscaloosa county. |
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Cases |
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| Edwards v. Peoples |
Dallam 359, Supreme Court of the Republic of Texas (January 01, 1840) |
1840 |
It is the opinion of the court that the verdict of the jury in this case was just, and in strict compliance with law. The defect in the property sold was certainly one of a redhibitory character, and the plaintiff below could not therefore have availed himself of any other action to have avoided the payment of the purchase money, or recovered... |
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Cases |
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| Ellett v. Bobb |
6 Mo. 323, Supreme Court of Missouri (May 01, 1840) |
1840 |
William R. Ellett brought his action against Charles M. Bobb in the Circuit Court of St. Louis county, where judgment being given against him, he brings the case into this court to reverse the judgment. Ellett, in his declaration, states, that the defendant, on the second day of January, 1837, made his certain agreement in writing, by which he... |
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Cases |
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| Ellis v. Burden |
1 Ala. 458, Supreme Court of Alabama (June 01, 1840) |
1840 |
Error to the first district, Southern Chancery Division sitting at Mobile. |
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Cases |
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| Elwyn v. Jackson |
14 La. 411, Supreme Court of Louisiana (February 01, 1840) |
1840 |
APPEAL FROM THE CITY COURT OF NEW ORLEANS. |
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Cases |
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| Emmerling v. Beebe |
15 La. 251, Supreme Court of Louisiana (April 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Evans v. Gee |
39 U.S. 1, Supreme Court of the United States (January 01, 1840) |
1840 |
IN error to the Circuit Court of the United States for the Southern District of Alabama. In the Circuit Court of Alabama, an action was instituted by Sterling H. Gee, the defendant in error, against Thomas Evans, on a bill of exchange drawn by Harris G. Evans in favour of Thomas Evans, on George M. Rives of Mobile, for five thousand three hundred... |
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Cases |
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| Evans v. Hinds |
1 McMul. 490, Court of Three of South Carolina (December 01, 1840) |
1840 |
The docket of the Court in the sum. pro. jurisdiction, with this entry: Alex. Gregg vs. R. J. Gregg-Decree for Plaintiff, is not such evidence of a judgment, as will enable a purchaser of land, at sheriff's sale, to recover in an action of trespass to try titles. |
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Cases |
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| Ex parte Hanks |
Chev.Eq. 203, Court of Appeals of Equity of South Carolina (May 01, 1840) |
1840 |
A claim preferred against administrators, for large sums alledged to have been advanced to their intestate, was rejected by the Court, on the ground of the claimant's probable inability to advance such amounts, the staleness of the demand, and other strong circumstances of suspicion, although sustained by absolute and unimpeached vouchers. Where a... |
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Cases |
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| Ex parte Jones |
1 Ala. 15, Supreme Court of Alabama (January 01, 1840) |
1840 |
Petition for a writ of Mandamus to the Judge of the County Court of Covington. |
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Cases |
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| Ex parte Warren |
Chev.Eq. 44, Court of Appeals of Equity of South Carolina (February 01, 1840) |
1840 |
Under the A. A. 1789, providing for posthumous children, the posthumous child's share is held subject to the provisions and limitations of the will. This does not conflict with the decision in Ex parte Wamer et ux. (Dudley C. R. 154,) for the event on which that case turned, was one not provided for or contemplated by the will. How, after the... |
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Cases |
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| Ferguson v. Alcorn |
1 B.Mon. 160, Court of Appeals of Kentucky (December 22, 1840) |
1840 |
IF the gift of Cass to Sarah Lusk, by her father, McEl wain, was an absolute gift, in fee, her husband, Furguson, could not sustain his bill, as his remedy was complete at law: but though the parol testimony tends to the conclusion that Cass was placed in the possession of Mrs. Lusk, and brought to the county of Livingston, some days before the... |
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Cases |
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| Ferriday v. Selser |
4 Howard 506, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
Where a juror was a surety for one of the parties and the result of the verdict might affect the ability of the party to pay, he being insolvent, and the juror declared that he felt himself unfit to sit upon the trial, it was held to be a good cause for excluding him from the jury. Where a juror was admitted into the box who ought to have been... |
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Cases |
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| Filhiol's Heirs v. Hempkin |
16 La. 326, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF OUACHITA. |
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Cases |
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| Forsyth v. Despierris's Executors |
15 La. 215, Supreme Court of Louisiana (April 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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| Frankfort Bridge Co. v. Williams |
9 Dana 403, Court of Appeals of Kentucky (May 20, 1840) |
1840 |
FROM THE CIRCUIT COURT FOR FRANKLIN COUNTY. Facts of the case. A company was incorporated to construct a toll bridge across the Kentucky river at Frankfort. They constructed one which answered all the purposes of its construction, until, by time and the action of the elements, it gave way and fell. They constructed another, upon a new plan; which,... |
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Cases |
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| Free ads. State |
1 McMul. 494, Court of Ten of South Carolina (December 01, 1840) |
1840 |
To discredit a witness, it is incompetent to offer testimony to prove that the witness has been guilty of stealing. Where incompetent testimony has been received, and no objection is made at the time of its reception, counsel have the right to comment upon it before the jury. |
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Cases |
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| Freeman v. Watts |
15 La. 476, Supreme Court of Louisiana (June 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE EIGHTH JUDICIAL DISTRICT, FOR THE PARISH OF LIVINGSTON, JUDGE JONES, OF THE DISTRICT, PRESIDING. |
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Cases |
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| Fulton v. Gorton's Ex'r |
16 La. 320, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE THEREOF PRESIDING. |
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Cases |
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| Fuqua v. Hunt |
1 Ala. 197, Supreme Court of Alabama (January 01, 1840) |
1840 |
Error to the Circuit Court of Madison County. |
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Cases |
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| Garrott v. Johnson |
11 G. & J. 173, Court of Appeals of Maryland (June 01, 1840) |
1840 |
It is a well established principle, that to make the record of a former trial evidence to conclude any matter in issue between the parties, it should appear by the record or other proof, that the same matter was in issue and decided at the former trial. Where in the trial of a cause, it is necessary and proper, to prove what a deceased witness... |
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Cases |
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| Gillett v. Hall |
13 Conn. 426, Supreme Court of Errors of Connecticut (June 01, 1840) |
1840 |
To effect a complete adjustment of co-partnership concerns, the extraordinary powers of a court of chancery may be necessary; and when necessary for that purpose, it will entertain jurisdiction, whether an action of account would, or would not, lie, between the parties. Therefore, where the parties to the articles of co-partnership were A, on one... |
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Cases |
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| Gordon v. Nelson |
16 La. 321, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE PARISH OF CONCORDIA, JUDGE DAVIS PRESIDING. |
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Cases |
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| Graham v. Torrance |
1 Ired.Eq. 210, Supreme Court of North Carolina (December 01, 1840) |
1840 |
It is not necessary, in so plain a case, that the facts should be minutely detailed. We think it clear that the plaintiff cannot have an account of the estate of the intestate, Adam Torrance. He died in June, 1780, and the bill was filed in October, 1836. Between June, 1780, and February, 1781, a sale was made by the administrators; and from the... |
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Cases |
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