AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Byrd V. Byrd 44 Ga. 258, Supreme Court of Georgia (July 01, 1871) This bill admits that the defendant holds the deeds it seeks to have delivered up to be canceled, by their own act. It does not charge that they were made under a mistake, or procurred by any fraud, or that either of the signers were under any disability. They do not even assert that they were made in ignorance of any legal rights in the grantees.... 1871 Cases    
  Chahoon V. Commonwealth 20 Gratt. 733, Supreme Court of Appeals of Virginia (February 03, 1871) Joynes, J., absent, sick. 1. C. is indicted for felony in the Corporation court of R., the proper court to try him for the offence. When indicted he is not in custody, and has not been arrested or examined by a justice. QUÆRE: If he should be arrested and sent before a justice to be examined, or whether he may be taken on a capias, and tried... 1871 Cases    
  Cherry V. Jones 41 Ga. 579, Supreme Court of Georgia (January 01, 1871) An action was brought on a guardian's bond against the principal and securities, in the name of the Ordinary, for the use of the wards of the guardian, to recover damages for the alleged breach thereof by the guardian, and on the trial, the plaintiff offered in evidence the receipts of the guardian, acknowledging to have received from the executors... 1871 Cases    
  Creighton V. Pringle 3 S.C. 77, Supreme Court of South Carolina (October 16, 1871) A deed of marriage settlement, after declaring the uses, trusts and limitations of the settlement, contained a clause empowering the trustees to sell, &c., the proceeds to be held subject to the same uses, &c., as are hereinafter set forth, &c. Held that the term hereinafter must be read hereinbefore. A mistake, apparent... 1871 Cases    
  Crumbley V. Searcey 46 Ala. 328, Supreme Court of Alabama (June 01, 1871) [ACTION ON PROMISSORY NOTE.] APPEAL from Circuit Court of Henry. Tried before Hon. J. MCCALEB WILEY. 1871 Cases    
  Dudley V. Witter 46 Ala. 664, Supreme Court of Alabama (June 01, 1871) [BILL IN EQUITY TO ENFORCE SURRENDER OF LAND SOLD BY TRUSTEE WITHOUT AUTHORITY, AND TO REQUIRE PURCHASER TO ACCOUNT FOR RENTS AND PROFITS THEREOF.] APPEAL from Chancery Court of Lowndes. Heard before Hon. A. C. FELDER. 1871 Cases    
  Ellis V. Rachels 42 Ga. 175, Supreme Court of Georgia (January 01, 1871) Very clearly, Mr. Ellis has no claim in his own right, under this will. If the provisions of the clause referred to can be carried into effect at all, it would be a most glaring perversion of the intent of the testator, to permit his bounty to go to the individual use of the trustee, who was clearly only looked upon as a mere agent. The testator... 1871 Cases    
  Espy V. Balkum 45 Ala. 256, Supreme Court of Alabama (January 01, 1871) [APPEAL FROM JUDGMENT OF CIRCUIT COURT QUASHING EXECUTION.] APPEAL from Circuit Court of Henry. Tried before Hon. J. MCCALEB WILEY. 1871 Cases    
  Felton V. Hill 41 Ga. 554, Supreme Court of Georgia (January 01, 1871) 1. F. by the first item of his will, bequeathed a life-estate in certain lands to his son, and subsequently, by a codicil thereto, withdrew said property from the provisions of his will, and divided it equally and absolutely among his children, and the property given to his son by the codicil is given absolutely without any referential or... 1871 Cases    
  Gibson V. Green 45 Miss. 209, Supreme Court of Mississippi (October 01, 1871) 1. PLEADING - BANKRUPTCY - DEMURRER TO PLEA OF DISCHARGE IN BANKRUPTCY IMPROPER. - It is erroneous to sustain a demurrer to a plea of discharge in bankruptcy, which is properly pleaded. Such plea entitles the defendant to the full effect given it by the bankrupt law. 2. SAME - SAME - FACTS WHICH OBVIATE PLEA OF DISCHARGE IN BANKRUPTCY SHOULD BE... 1871 Cases    
  Green V. Lanier 52 Tenn. 662, Supreme Court of Tennessee (June 27, 1871) This case is here stated by its original title, although K. B. Lanier is not before this Court. It arose upon the following facts: On the 15th of December, 1857, an agreement in writing was entered into between the complainant and K. B. Lanier, by which the latter stipulated to put up and run a steam saw-mill at his own expense on the land of the... 1871 Cases    
  Grimes' Ex'rs V. Harmon 35 Ind. 198, Supreme Court of Indiana (May 01, 1871) The appellees filed in the court below, on the 8th day of January, 1868, their complaint against the appellants, in which the following facts are stated: that Samuel Grimes, on the 31st day of August, 1864, executed his last will and testament, at the city of Baltimore, and State of Maryland; that he departed this life at said city, on the 2d day... 1871 Cases   This is no longer good law for at least one of the points of law it contains.
  Hargroves V. Redd 43 Ga. 142, Supreme Court of Georgia (January 01, 1871) 1. The Circuit Courts of the United States have no jurisdiction overthe probate of wills; and a proceeding before the Ordinary of this State, propounding a will, cannot be removed to the Circuit Court by one of the caveators, who is a resident and citizen of another State. 2. An admission, in writing, of certain material facts, for the purpose of... 1871 Cases    
  Lockhart V. Horn 1 Woods 628, Circuit Court, S.D. Alabama (April 01, 1871) In equity. Submitted on pleadings and evidence for final decree. 1871 Cases    
  Logan V. Goodall 42 Ga. 95, Supreme Court of Georgia (January 01, 1871) (LOCHRANE, C. J., said he had been consulted by and had advised Logan, but was not employed. By request, he presided.) Where on the trial of an action of ejectment for a lot in the city of Macon, in favor of George M. Logan, Trustee for Mrs. A. E. McLaughlin, it appeared that in 1850 McLaughlin and his wife, on their marriage in Richmond county,... 1871 Cases    
  Mathews V. Springer 2 Abb.U.S. 283, Circuit Court, S.D. Mississippi (January 01, 1871) Hearing upon pleadings and proofs in equity. The suit was brought by Isaiah J. Mathews and Caroline J. Mathews against Benjamin Springer, executor of the will of Robert L. Mathews, and others. 1871 Cases    
  Mcdaniel V. Johns 45 Miss. 632, Supreme Court of Mississippi (October 01, 1871) 1. WILL - DEFINITION. - A will is an instrument by which a person makes a disposition of property, to take effect after his decease, and which is in its own nature ambulatory and revocable during his life. 2. SAME - SAME - DISTINCTION BETWEEN WILL AND DEED. - An instrument, in form a deed, which conveys to the grantee an interest in presenti,... 1871 Cases    
  Miller V. Jourdan 43 Ga. 316, Supreme Court of Georgia (July 01, 1871) Where a verdict and decree were had between the parties, which was brought by writ of error to their Court and the judgment thereon reversed, and the remittitur from this Court, upon notice to the parties, was made a part of the decree in the Court below, and entered as a finality of the litigation, etc., by an order of the Chancellor, and a motion... 1871 Cases    
  Moran V. Dillehay 8 Bush 434, Court of Appeals of Kentucky (December 07, 1871) Larkin Sandidge died in the county of Lincoln, in the year 1827, leaving a last will and testament, dated on the 9th of March, 1816, with a codicil attached, dated the 16th of January, 1823. He left surviving him his wife and two daughters, Eleanor Hocker and Harriet Givens. He owned at his death a considerable estate, consisting mostly of land and... 1871 Cases   This has some negative history but hasn’t been reversed or overruled.
  Palmer V. Marston 81 U.S. 10, Supreme Court of the United States (December 01, 1871) MOTION by Mr. W. S. Holman (Mr. E. T. Merrick opposing) to dismiss a writ of error to the Supreme Court of the State of Louisiana, taken on the assumption that the case fell within the 25th section of the Judiciary Act, quoted supra, pp. 5, 6. The principle of the preceding case affirmed in the same sort of example. Palmer sued Marston in the... 1871 Cases    
  Penn V. Tollison 26 Ark. 545, Supreme Court of Arkansas (June 01, 1871) This cause was before this court, at the October term, 1859, but the question then involved, is not at all similar to the one now presented. From an examination of the case, before presented, it appears that Mrs. Tollison filed her bill to enforce a vendor's lien against certain lands in Crittenden county. In June, of 1856, she obtained a decree... 1871 Cases   This is no longer good law for at least one of the points of law it contains.
  Pollen V. James 45 Miss. 129, Supreme Court of Mississippi (April 01, 1871) 1. PROMISSORY NOTE THE SPECIFICATION IN THE NOTE OF A PARTICULAR CONSIDERATION MAY BE VARIED BY PAROL. The statement in a promissory note that it was given in consideration of money loaned does not preclude the defense that the consideration was different from that expressed in the note, and that it had failed. 2.... 1871 Cases    
  Price V. Slaughter 13 Ohio Dec.Reprint 641, Superior Court of Ohio, Cincinnati (October 01, 1871) This was an action to recover property situated in Cincinnati, viz: half of lot No. 24, in Ramsay's subdivision, and also lots 25 and 26, in the same subdivision. The petition alleges that the defendant, ever since September 1, 1849, has unlawfully kept the plaintiff out of the possession of said premises. The plaintiff also alleges that the... 1871 Cases    
  Queener V. Trew 53 Tenn. 59, Supreme Court of Tennessee (September 01, 1871) 1. The County Court had no jurisdiction to make the sales. 2. The proceedings were void because the husbands of the married women were not parties. 3. There was no confirmation of the sales, and a confirmation is necessary to complete them: citing 1 Head, 654; Young v. Shumate, 3 Sneed, 366, 372; 2 Sneed, 580; 2 Swan, 488; 11 Hum., 278; 5 Yerg.,... 1871 Cases    
  Raper V. Sanders 21 Gratt. 60, Supreme Court of Appeals of Virginia (June 30, 1871) Absent, STAPLES, J. Testator directs, first, that so long as his wife L remains his widow, all his property, real and personal, shall be kept together, and subject to the control of his executor, but the possession to remain with L during her widowhood. Second. If she marries she is to take one-third of his estate, and the remainder to go into... 1871 Cases    
  Reed V. Reed Court of Appeals of Kentucky (October 17, 1871) The will of Noah Reed under which appellant qualified as executor, empowered him to sell the land devised to Harriet Evans and her children and to invest the money in a safe manner for their benefit. The language of the will is: I will and bequeath to Harriet Evans twenty acres of land to be hers and her children, etc. If she,... 1871 Cases    
  Reeves V. Moore Court of Appeals of Kentucky (November 09, 1871) H. W. Tomlin, being indebted to the firm of Williams & Barnet in two notes, one for $1,000.00 and the other for five hundred dollars, in order to secure their payment executed to the latter two separate mortgages upon the same tract of land, as described in the mortgages and exhibits filed, as the land purchased by Tomlin of F. M. Sluader and wife,... 1871 Cases    
  Roberts V. Adams 2 S.C. 337, Supreme Court of South Carolina (April 18, 1871) Where an administrator, by leave of the Ordinary, sells the chattels of the estate on credit, he makes himself liable for the amount of the sales, if he neglects to take sureties on the notes for the purchase money as directed by the order for leave to sell, and he will not be relieved from liability because stay laws and military orders,... 1871 Cases    
  Roberts V. Malone Court of Appeals of Kentucky (May 17, 1871) This suit in equity was brought February, 1860, by appellants, the widow and heirs of William H. Malone, deceased, against appellees, by which appellants seek a settlement with Isaac Malone as administrator of W. H. Malone, deceased, and also the executors of Samuel Malone, deceased, who was father of said intestate, William H. and the said Isaac... 1871 Cases    
  Robertson V. Simmons 51 Tenn. 135, Supreme Court of Tennessee (March 11, 1871) Henderson F. Robertson died intestate in Franklin county in 1859. He left surviving him his widow, C. F. Robertson and five children, viz.: Victoria F., H. J., Lizzie M., Wm. M., and Belle R. Robertson, all of whom were minors at the time of his death, and the three last were minors at time of filing the bill in this case, on the 24th of July,... 1871 Cases    
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