| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Lewis v. Smith |
1 Ired. 145, Supreme Court of North Carolina (June 01, 1840) |
1840 |
We are satified with his Honor's charge to the jury, and see no cause to reverse the judgment in this case. It may indeed have been well questioned whether William Kemp, or the representatives of William Kemp, after he had obtained letters of administration with the will annexed of Joseph Kemp, and had acted as such administrator without question... |
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Cases |
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| London v. Turner |
11 Leigh 403, Supreme Court of Appeals of Virginia (November 01, 1840) |
1840 |
(Absent Stanard, J.) Although, where personal property is given to one upon a trust by parol for another, the declaration of trust by parol may be valid as between the donee and the cestui que trust, yet as between the cestui que trust and the creditors of the donee the case is essentially different. Where any reservation or limitation is pretended... |
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Cases |
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| Loussade v. Hartman |
16 La. 117, 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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| Mahle v. Terry |
16 La. 248, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF NATCHITOCHES, JUDGE KING OF THE FIFTH DISTRICT PRESIDING. |
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Cases |
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| Maloney v. Doane |
15 La. 278, 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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| Massey v. Cureton |
Chev.Eq. 181, Court of Appeals of Equity of South Carolina (May 01, 1840) |
1840 |
At an administrator's sale, the notes, of a firm then in good credit, were taken without security. The administrators were responsible for loss by the the subsequent insolvency of the firm. One of two administrators took the principal management of a sale, and, although advised against it by the other, took notes of a certain firm without security;... |
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Cases |
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| Maurin v. Dashiell |
14 La. 471, Supreme Court of Louisiana (February 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT FOR THE PARISH OF IBERVILLE, JUDGE NICHOLLS, OF THE SECOND PRESIDING. |
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Cases |
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| McCasken v. Smith |
16 La. 32, 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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| McDonald v. McLeod |
1 Ired.Eq. 221, Supreme Court of North Carolina (December 01, 1840) |
1840 |
Where a bargainor executes a deed, absolute on its face, and asks a Court of Equity to declare it a mortgage, he must show that the real intent of the parties was, that it should only be a security, and that it put on the form of an absolute deed by reason of the ignorance of the draftsman, or from mistake of the parties, or because of undue... |
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Cases |
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| McDonough v. Childress |
15 La. 556, Supreme Court of Louisiana (June 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, JUDGE JONES, OF THE EIGHTH DISTRICT, PRESIDING. |
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Cases |
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| McIntosh v. Ladd |
20 Tenn. 459, Supreme Court of Tennessee (April 01, 1840) |
1840 |
The complainant, Elizabeth, was the widow and relict of Peter Burton, and she, having dissented from his last will and testament, filed this bill against the devisees for an assignment of dower, and an account of the annual value or profits thereof from the death of the said Peter, and for a distributive share of his personal estate. It appears... |
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Cases |
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| McKinder v. Littlejohn |
1 Ired. 66, Supreme Court of North Carolina (June 01, 1840) |
1840 |
The court is of opinion that the first of the exceptions taken by the defendant in this case is well founded. Rules of evidence, once settled, become rules of law, and cannot be departed from upon theoretic notions of propriety, or the suggestions of expediency. Among these rules, the following, as we believe, are well settled in the country of our... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| McRea v. Walker |
4 Howard 455, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
A court of chancery will entertain jurisdiction to decree that family servants be specifically delivered up. The jurisdiction of the probate court is exclusive over all matters expressly confided to it by the constitution; but where the powers of that court are inadequate to do full and ample justice between the parties, either on account of the... |
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Cases |
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| Mercein v. People ex rel. Barry |
25 Wend. 64, Court for the Correction of Errors of New York (January 01, 1840) |
1840 |
As a general rule a father is entitled to the custody of his minor children; but when the parents live apart under a voluntary separation, and the father has left an infant child in the custody of its mother, such custody will not be transferred to the father by the process of habeas corpus, when the infant is of tender age, and of a delicate and... |
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Cases |
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| Millar v. Hilliard & Wade |
Chev. 149, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
The measure of a verdict for breach of contract, should be the damage that the injured party may reasonably have incurred. And the court will not restrain the discretion of the jury unless it clearly exceeds this limit. Plaintiff baked certain bread, under directions to go on baking until ordered to stop, and told the defendant his bread was ready;... |
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Cases |
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| Miller v. Holstein |
16 La. 389, Supreme Court of Louisiana (October 01, 1840) |
1840 |
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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| Mims v. Parker |
1 Ala. 421, Supreme Court of Alabama (June 01, 1840) |
1840 |
Error to the County Court of Sumter. |
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Cases |
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| Minor v. Lancashire |
4 Howard 347, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
A forthcoming bond becomes forfeited on the day appointed for the delivery of the property, if the property is not produced; and has the effect of a judgment from that time. |
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Cases |
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| Mix's Absent Heirs v. Mix's Executor and Legatees |
15 La. 66, Supreme Court of Louisiana (March 01, 1840) |
1840 |
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF POINTE COUPÉE. |
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Cases |
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| Montgomery v. Tilley |
1 B.Mon. 155, Court of Appeals of Kentucky (December 22, 1840) |
1840 |
Attachment in Chancery. Construction. ERROR TO THE LOUISVILLE CHANCERY COURT. THE Chancellor having sustained a demurrer to an attachment bill, filed by Samuel Montgomery against Paul C. Tilley and John T. Sanders, for enforcing a debt, (due from the latter to the former,) by attaching their Steam Boat Angora, then about to start from Louisville... |
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Cases |
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| Moody v. Walker |
3 Ark. 147, Supreme Court of Arkansas (July 01, 1840) |
1840 |
Where the words of a bequest pass a present interest, the share of the first devisee vests sub modo, subject to be divested on contingency. If a legacy be given, and no time of payment be expressed in the will, or it be directed to be paid at twenty-one, the legacy vests, subject to be divested in the event of his dying under the age of twenty-one.... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Moore v. Lyons |
25 Wend. 119, Court for the Correction of Errors of New York (January 01, 1840) |
1840 |
The remainders to the children of Mary were clearly not vested, but were contingent, as they went to the survivor: who this might be was altogether uncertain. The counsel for the defendant concedes the case to the plaintiff, unless he can maintain that the clause of survivorship referred to the event of the death of the testator. Such a conclusion... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Morton v. Crosby |
14 La. 424, Supreme Court of Louisiana (February 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. |
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Cases |
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| Municipality No. 2 v. Hennen |
14 La. 559, Supreme Court of Louisiana (March 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST DISTRICT, JUDGE BUCHANAN, PRESIDING. |
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Cases |
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| Murray v. Moorer |
Chev. 111, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
A fine of $60 having been paid to the Sheriff, upon presentation (without levy) of an execution issuing from a Board of Commissioners of Roads, the Sheriff, who had the money still in his hands, was liable to an action of indebitatus assumpsit for the excess over $20, (the limit of the Commissioners's jurisdiction. See Supra, p. 109.) And, it... |
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Cases |
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| Nelson v. Lillard |
16 La. 336, 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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| Newell v. Hamer |
4 Howard 684, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
A voluntary postponement of an execution on a forthcomrng bond by the creditor at the suggestion of the principal debtor, does not discharge the security, when there is no consideration for the indulgence, nor any binding agreement to delay the execution of the judgment until a particular period. There must be a positive and binding agreement,... |
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Cases |
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| Newton v. Carbery |
5 Cranch C.C. 632, Circuit Court, District of Columbia (March 01, 1840) |
1840 |
This was a bill in equity [by Newton and others, next of kin and heirs of Eloysa Mattingly, against Lewis Carbery, executor of said Eloysa Mattingly] to set aside certain legacies in the will of Mrs. Mattingly, and for a distribution thereof among her next of kin. The defendant demurred to the bill as to all the legacies therein sought to be... |
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Cases |
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| Overaker v. State |
1 Morr.St.Cas. 268, High Court of Errors and Appeals of Mississippi (January 01, 1840) |
1840 |
Where a party was indicted in four different cases at the same term of the court, and recognizances given in each case, which were severally forfeited, and the clerk recites the forfeiture as having occurred in these four cases, without specifying which cases or their titles, or identifying them in any way; held to be error. Where a sheriff... |
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Cases |
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| Overton v. Maben |
10 Leigh 609, Supreme Court of Appeals of Virginia (March 01, 1840) |
1840 |
I am of opinion, that the court below rightly rejected the construction of the testator's will contended for by the appellants; the widow being entitled to have her portion of the estate estimated according to its character at the testator's death, and not otherwise. He never designed, that her share should be estimated as if the whole estate were... |
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Cases |
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| Pearce v. Frantum |
16 La. 414, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE OF THE SEVENTH PRESIDING. |
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Cases |
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| Pearce v. Frantum |
16 La. 423, Supreme Court of Louisiana (October 01, 1840) |
1840 |
ON A REHEARING. |
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Cases |
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| Pepper v. Dunlap |
16 La. 163, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE NINTH DISTRICT, JUDGE DAVIS PRESIDING. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Percival ads. Herbemont |
1 McMul. 59, Court of Appeals of Law of South Carolina (October 01, 1840) |
1840 |
The plaintiff and defendant entered into a special written agreement to submit the matters in dispute between them to counsel: but no particular counsel was named, or time when the matter was to be so submitteddefendant agreeing to pay according to the instructions of the counsel; and in default of their getting a decision, then the... |
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Cases |
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| Petrovic v. Hyde |
16 La. 223, Supreme Court of Louisiana (October 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF NATCHITOCHES, THE JUDGE OF THE SEVENTH PRESIDING. |
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Cases |
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| Phillips v. Governor to Use of Dennis |
2 Ark. 382, Supreme Court of Arkansas (July 01, 1840) |
1840 |
It is contended on behalf of the plaintiffs in error that the court below erred in overruling the demurrer to the declaration, and that all the subsequent proceedings are consequently irregular and illegal. Before we proceed to determine this point, it may be well to notice and dispose of another objection urged by the plaintiff in error. It is... |
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Cases |
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| Piercy v. Piercy |
1 Ired.Eq. 214, Supreme Court of North Carolina (December 01, 1840) |
1840 |
The surety for an appeal, in an action at law, from the County to the Superior Court, cannot have the case re-examined in a Court of Equity, upon the allegation that the verdict and judgment at law were unjust; unless it also appears that by concert and collusion between the plaintiff and defendant at law such unjust judgment was suffered, for the... |
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Cases |
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| Plummer v. Baskerville |
1 Ired.Eq. 252, Supreme Court of North Carolina (December 01, 1840) |
1840 |
A deed, whether for valuable consideration or not, but good and effectual at law, except for want of registration, and which is lost before registratlon, will be set up in Equity and a decree made for another conveyance by the bargainor or his legal representatives. But, before such a decree can be made, the plaintiff must clearly prove that such a... |
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Cases |
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| Plummer v. State |
6 Mo. 231, Supreme Court of Missouri (June 01, 1840) |
1840 |
Philemon Plummer was indicted for the murder of Joseph Plummer, by the grand jury of the county of Lincoln, at the April term of the Circuit Court. The first count charged, that defendant feloniously, willfully, of his malice aforethought, and by lying in wait, assaulted the said Joseph Plummer; and with a large stick did feloniously, &c., strike... |
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Cases |
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| Poindexter v. Blackburn |
1 Ired.Eq. 286, Supreme Court of North Carolina (December 01, 1840) |
1840 |
A legacy given to a married woman, or a distributive share falling to her during coverture, and not received by the husband, or disposed of by him in his lifetime, survives to the wife. The increase of the stocks of horses, cattle and so forth, belong to the tenant for life; and so do also the crops left by the tenant as the fruits of his industry,... |
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Cases |
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| Pollard's Heirs v. Kibbe |
39 U.S. 353, Supreme Court of the United States (January 01, 1840) |
1840 |
IN error to the Supreme Court of the state of Alabama. In the Circuit Court for the county of Mobile, state of Alabama, an action of ejectment for a lot of ground situated in the city of Mobile, was instituted by the plaintiffs in error, and was afterwards removed, by change of venue, to the Circuit Court for the county of Baldwin. It was tried... |
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Cases |
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| Pond v. Griffin |
1 Ala. 678, Supreme Court of Alabama (June 01, 1840) |
1840 |
Writ of error to the Circuit Court of Coosa County. |
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Cases |
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| Pontchartrain R. Co. v. Orleans Nav. Co. |
15 La. 404, 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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| Pope v. Askew |
1 Ired. 16, Supreme Court of North Carolina (June 01, 1840) |
1840 |
Upon the best consideration which we have been able to give to this case, we are of opinion that a portion of the testimony offered by the plaintiff on the trial, and objected to by the defendant, was improperly received. The fact in contestation was, whether the libel in question was written by the defendant or not. There was no direct evidence of... |
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Cases |
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| Potts v. Carls |
3 Harr. 86 (April 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... |
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Trial Court Orders |
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| Powell's Ex'rs v. White |
11 Leigh 309, Supreme Court of Appeals of Virginia (August 01, 1840) |
1840 |
(Absent Brooke and Parker, J.) A mere recital in a deed of trust, that the cestuis que trust are liable as indorsers for the maker of the deed, and that he is willing and desirous to indemnify and secure them from all loss and damage in consequence of their becoming indorsers, by conveying property for the purpose, will not entitle the indorsers,... |
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Cases |
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| Prather v. Prather |
11 G. & J. 110, Court of Appeals of Maryland (June 01, 1840) |
1840 |
A Court of Chancery will not grant relief to a party who has suffered a judgment at law to be rendered against him by default, unless prevented from defending himself at law, by fraud, accident, or the conduct of the opposite party. APPEAL from the equity side of Prince George's County Court. On the 3rd September 1828, the appellant filed his bill,... |
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Cases |
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| Price v. Price |
Chev.Eq. 167, Court of Appeals of Equity of South Carolina (May 01, 1840) |
1840 |
A son, who had lived with his father and served him, as an overseer, many years, with an understanding that his services were not to be gratuitons; but who, in consequence of intimations that he would be more than paid after the old man's death, forbore to demand compensation; was entitled, on the death of his father, who left him nothing by his... |
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Cases |
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| Randolph's Ex'r v. Tucker |
10 Leigh 655, Supreme Court of Appeals of Virginia (March 01, 1840) |
1840 |
The 41st section of the circuit superior court law, Supp. to Rev. Code, ch. 109. giving jurisdiction to each of the judges of the circuit superior courts, to award injunctions to judgments rendered or proceedings apprehended out of his own circuit, but directing that, in such case, the order for the process of injunction shall be directed to the... |
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Cases |
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| Robertson v. Stevens |
1 Ired.Eq. 247, Supreme Court of North Carolina (December 01, 1840) |
1840 |
Where real estate was devised in fee to a woman, who afterwards married, but it was directed in the will that the possession should be retained by A. a third person, and the rents and profits received by him until a certain debt was paid, held that the interest of this possessor could not be regarded as of a higher character than a term or chattel... |
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Cases |
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