AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Rosborough V. Rutland 2 S.C. 378, Supreme Court of South Carolina (July 07, 1871) Lands specifically devised will not be charged with the payment of a pecuniary legacy where no motive existed which could have influenced the mind of the testator to create the charge, and there is nothing in the will which can be laid hold of for that purpose. Testator, who died in November, 1860, bequeathed $2,000 to R, in trust for certain... 1871 Cases    
  Sheppard V. Thomas 26 Ark. 617, Supreme Court of Arkansas (June 01, 1871) It appears from the record in this case that, on the 25th of January, 1860, Payne and Robinson executed and delivered to James Sheppard a deed that recites: That in consideration of the sum of thirty thousand dollars in hand paid, and the further sum of eighty-six thousand, one hundred and forty dollars to be paid us (them) by the said James... 1871 Cases   This is no longer good law for at least one of the points of law it contains.
  Shropshire V. Burns 46 Ala. 108, Supreme Court of Alabama (June 01, 1871) [ACTION ON PROMISSORY NOTE GIVEN BY MINOR FOR PURCHASE OF HORSE, AND SOLD BY ADMINISTRATOR AFTER HIS DEATH.] APPEAL from Circuit Court of Dallas. Tried before Hon. B. L. WHEELAN. 1871 Cases    
  Smith V. Byers 41 Ga. 439, Supreme Court of Georgia (January 01, 1871) It is incumbent on the executors, in order to discharge themselves from accounting for the money received by them, by the sale of the testator's property, to show to the satisfaction of the Court and jury that the money in their hands had, in good faith, in the performance of their duty as trustees, been received and invested by them, in... 1871 Cases    
  Sparks V. Messick 65 N.C. 440, Supreme Court of North Carolina (June 01, 1871) 1. In a written bill of sale which contains no warranty of title, none can be implied or proved. 2. Although there seems to be an implied warranty of title in the sale of personalty, made by parol, yet no such rule is applicable to sales made by executors, administrators, &c. 3. Where there is a warranty of title to personalty which is broken, the... 1871 Cases    
  State V. Dunlap 65 N.C. 491, Supreme Court of North Carolina (June 01, 1871) This proceeding presents a question of great importance, both in a political and a legal point of view. With the former, we have no concern; and the application will be disposed of as a dry question of law. By Act of Congress of 9th April, 1866, sec. 1, it is enacted, in substance, That all persons of color, born in the United States shall be... 1871 Cases    
  Taylor V. Mcdaniel 51 Tenn. 545, Supreme Court of Tennessee (May 09, 1871) The complainants, Taylor, and George Tyler and his wife Margaret, file this bill to enjoin a judgment of the County Court of Gibson county against complainants Taylor and Margaret Tyler. Margaret Tyler in 1858 or 1859, and within a short time after the death of her husband, D. B. Dickson, dissented from his will. In March, 1860, after such dissent,... 1871 Cases    
  Watson V. Jones 80 U.S. 679, Supreme Court of the United States (December 01, 1871) APPEAL from a decree of the Circuit Court for the District of Kentucky, made May 11th, 1869. This was a litigation which grew out of certain disturbances in what is known as the Third or Walnut Street Presbyterian Church, of Louisville, Kentucky, and which resulted in a division of its members into two distinct bodies, each claiming the exclusive... 1871 Cases   This has some negative history but hasn’t been reversed or overruled.
  Wharton V. Cunningham 46 Ala. 590, Supreme Court of Alabama (June 01, 1871) [ACTION ON PROMISSORY NOTES.] APPEAL from Circuit Court of Etowah. Heard before Hon. W. L. WHITLOCK. 1871 Cases    
  Beirne V. Brown 4 W.Va. 72, Supreme Court of Appeals of West Virginia (January 01, 1870) 1. If a complainant in a bill in equity filed to enforce a vendor's lien against real estate, make sub-purchasers parties to the suit, although they may not have been necessary parties, they are proper parties, and having been made parties by the complainant and he not asking to dismiss the bill as to them, must take the consequences of joining... 1870 Cases    
  Blair V. Commonwealth 7 Bush 227, Court of Appeals of Kentucky (September 26, 1870) Appellant, a man of color, having been indicted in the Fleming Circuit Court for the rape of a white woman in September, 1869, was at the succeeding February term of said court tried, and condemned to be hung for the crime, and an appeal having been allowed him, he now seeks a reversal of that judgment. When the evidence was closed on the trial,... 1870 Cases    
  Buchanan V. Nixon 26 Ark. 47, Supreme Court of Arkansas (December 01, 1870) Appeal from Franklin Circuit Court. Hon. William N. May, Circuit Judge. The appellant presented a claim against the estate of the deceased for $1520, founded upon a promissory note, which claim was allowed, duly classed and ordered to be paid. The appellant then filed his bill in equity and prayed an injunction against the collection of the claim,... 1870 Cases    
  Burnett V. Lester 53 Ill. 325, Supreme Court of Illinois (January 01, 1870) This is a writ of error to the circuit court of Champaign county. The record shows a bill of complaint filed by Serena A. Burnett and her husband, Hiram E. Burnett, against the widow and the other children of Benjamin Lester, deceased, setting forth that she is a child of the deceased, and that he made his last will and testament on the sixteenth... 1870 Cases    
  Cady V. State 2 Morr.St.Cas. 1678, Supreme Court of Mississippi (October 01, 1870) 1. EVIDENCECONFESSIONSGENERAL RULE.The rule as to the admission of confessions as evidence is, that they must be voluntary and free, not induced by the expectation of any advantage held out or promised, nor extorted to escape harm or injury present and imminent or threatened. Confesssions must not proceed from a mind influenced... 1870 Cases    
  Cate V. Cate 50 N.H. 144, Superior Court of Judicature of New Hampshire (December 01, 1870) Trespass will not lie for a neglect to repair fences which a party is bound to repair, by reason of which plaintiff's cow escaped on to plaintiff's land and was there bitten by a dog. Whether defendants would be liable in any form of action for such an injury, it not appearing that they incited the dog to this mischief, or were in any fault other... 1870 Cases    
  Charles V. Coker 2 S.C. 122, Supreme Court of South Carolina (September 30, 1870) A trust to pay the income of the settled property to a married woman for and during the joint lives of her and her husband, taking her receipt therefor, gives her a sole and separate estate in the income. To create such an estate, technical words are not necessary. If a plain intention to exclude the husband appears, that is enough,... 1870 Cases    
  Childress V. Ford 48 Tenn. 463, Supreme Court of Tennessee (September 01, 1870) This was an action of trover, brought by John W. Ford, against Jesse Childress, for the conversion of a sorrel mare, upon the following facts: Ford was the owner of the mare, and kept her in a stable which he had built for that purpose, upon the premises of John J. Cox, his stepfather. Childress applied to Cox to borrow a horse to ride to... 1870 Cases    
  Conrad V. Callery 22 La.Ann. 428, Supreme Court of Louisiana, Docket Number 710 (June 01, 1870) Appeal from Third District Court, parish of St. Mary. Train, J. 1870 Cases    
  Cross V. Cross 40 Ga. 667, Supreme Court of Georgia (June 01, 1870) Where the verdict is wrong as to any of the joint defendants, and the Judge of the Superior Court is dissatisfied with his own rulings on the trial, and has granted a new trial, this Court will not interfere with his discretion, though the verdict might have been sustained in the discretion of the Court, as to part of the defendants. New trial.... 1870 Cases    
  Ex Parte Norton 44 Ala. 177, Supreme Court of Alabama (January 01, 1870) [APPLICATION FOR MANDAMUS TO COMPEL JUDGE OF CITY COURT TO VACATE AND SET ASIDE AN ORDER SETTING ASIDE AND VACATING A JUDGMENT, RENDERED BY IT IN 1865, AND GRANTING A NEW TRIAL THEREIN.] 1870 Cases    
  Ex Parte Vaughan 44 Ala. 417, Supreme Court of Alabama (June 01, 1870) [APPLICATION FOR BAIL, AFTER REFUSAL BY JUDGE OF CITY COURT.] 1870 Cases   This has some negative history but hasn’t been reversed or overruled.
  Gibbes V. Guignard 1 S.C. 359, Supreme Court of South Carolina (March 28, 1870) The rule in reference to the effect of a responsive answer, as evidence for the respondent, has undergone some change, the later doctrine being that the evidence of one witness, corroborated by such circumstances as satisfy the judicial mind, is sufficient to contradict it, although the circumstances may not be equal to the evidence of another... 1870 Cases    
  Harris V. Vanderveer's Ex'r 21 N.J. Eq. 561, Court of Errors and Appeals of New Jersey (November 01, 1870) 1. At the time of the execution of the will the testator's hearing was seriously impaired, and his eyesight almost gone; probate of the will refused, because it did not appear that its contents were in any way made known to him before or at the time of its execution. 2. The burden of proof is on the proponent; it will not be presumed from the fact... 1870 Cases    
  Hatchett V. Milner 44 Ala. 224, Supreme Court of Alabama (January 01, 1870) [APPEAL FROM ORDER OF CITY COURT, OVERRULING MOTION TO SET ASIDE AN ORDER, MADE AT A PREVIOUS TERM, GRANTING A NEW TRIAL ON A JUDGMENT IN SAID COURT, UNDER ORDINANCE NO. 38, OF CONVENTION OF 1867.] APPEAL from City Court of Montgomery. Tried before Hon. J. D. CUNNINGHAM. 1870 Cases    
  In re Charge to Grand Jury 2 Hughes 518, Circuit Court, D. West Virginia (August 01, 1870) Congress at its last session passed an act, the title of which is to enforce the right of citizens of the United States to vote in the several states of this Union, and for other purposes. Under the ninth section of the law, the circuit courts of the United States, with a view to afford reasonable protection to all persons in their... 1870 Cases    
  In re Paschal 77 U.S. 483, Supreme Court of the United States (December 01, 1870) THESE were two motions on George W. Paschal, an attorney and counsellor of this court, and as such lately representing the State of Texas in suits which it had here. The first motion being in the case of that State against White, Chiles and others (No. 4 on the original docket), already largely reported; the second, in the case of the same... 1870 Cases   This has some negative history but hasn’t been reversed or overruled.
  Johnson V. Farrell 64 N.C. 266, Supreme Court of North Carolina (January 01, 1870) In Robinson v. McIver, 63 N. C. 645, it is said: When land and personal estate are made a mixed fund in a residuary clause, the land, as well as the personalty is subject to the payment of pecuniary legacies. This, however, is not on the footing of a charge on land, like the annuities in this case, but on the ground that, in order to ascertain... 1870 Cases    
  Johnson V. Silsbee 49 N.H. 543, Superior Court of Judicature of New Hampshire (June 01, 1870) A father consented, in good faith, that his minor daughter should receive to her own use sums which she might thereafter earn by sewing. Held, that money thus earned by the daughter, while continuing to receive her support from her father, and to act as his house-keeper, is not subject to the payment of the father's existing debts. THIS was... 1870 Cases    
  Johnston V. Powell 34 Tex. 528, Supreme Court of Texas (January 01, 1870) The plaintiff in error conveyed by deed, with general warranty, to the defendant in error, 553 1/3 acres of land, situated in Falls county, it being a part of the headright league granted to William Peterson. The record shows that Johnston derived his title by quit-claim deed from Mrs. Peterson, after the death of her husband. That Peterson, in his... 1870 Cases    
  Kaufman & Co. V. Barb 26 Ark. 24, Supreme Court of Arkansas (December 01, 1870) This was a suit on a writing obligatory, executed by the defendant to Hirsch & Adler, and assigned by them to the plaintiffs. The defendant filed nine pleas. The first and second were, on the plaintiff's motion, struck out, and they took issue to the ninth, and demurred to the others. The court sustained the demurrers to the third, seventh and... 1870 Cases    
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