Us Supreme Court Court January 1829 Judgments
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Venable Vs. Mcdonald
Court: US Supreme Court
Decided on: 1829
Venable v. McDonald - 27 U.S. 107 (1829) U.S. Supreme Court Venable v. McDonald, 27 U.S. 2 Pet. 107 107 (1829) Venable v. McDonald 27 U.S. (2 Pet.) 107 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY Syllabus The Court set aside a conveyance which had been made to defeat the ,claims of creditors. In proceedings to set aside a conveyance of real estate made in fraud of the rights of creditors, it is not necessary to make a mortgagee of the estate a party, his rights under the mortgage not being brought into question. The appellees, at the May term 1822 of the Circuit Court for the District of Kentucky, obtained a decree against Venable and others for the sum of $4,700 with interest and costs upon which execution was issued and levied by the marshal upon 367 acres of land and sundry slaves and other property, named in the return, dated September 2, 1822, shown, as the marshal says, "as the property of Abraham Venable, and not sold for the want o...
Hunt Vs. Wickliffe
Court: US Supreme Court
Decided on: 1829
Hunt v. Wickliffe - 27 U.S. 201 (1829) U.S. Supreme Court Hunt v. Wickliffe, 27 U.S. 2 Pet. 201 201 (1829) Hunt v. Wickliffe 27 U.S. (2 Pet.) 201 APPEAL FROM THE CIRCUIT COURT OF KENTUCKY Syllabus An entry was made in the land office of Kentucky of one thousand acres, in the name of "John Floyd's heirs," without naming the persons who were the heirs. Upon an objection to the validity of the entry, the court said that substituting a legal description which cannot be misunderstood for the more definite description by the proper names of the persons who are the heirs, was not of such substantial importance as to vitiate the transaction. An entry was made "so as to join the settlements on the north east and south sides thereof, so as not to run into the old military surveys which are legal. " The old military surveys formed together a parallelogram, and adjoined the lands intended to be described by the entry. It was objected that the limitation on the entry "so as not to run-...
Van Ness Vs. Pacard
Court: US Supreme Court
Decided on: 1829
Van Ness v. Pacard - 27 U.S. 137 (1829) U.S. Supreme Court Van Ness v. Pacard, 27 U.S. 2 Pet. 137 137 (1829) Van Ness v. Pacard 27 U.S. (2 Pet.) 137 ERROR TO THE CIRCUIT COURT OF THE COUNTY OF WASHINGTON IN THE DISTRICT OF COLUMBIA Syllabus Action on the case against the defendant for waste, committed by him while tenant of the plaintiff, the owner of the reversionary interest, by pulling down and removing from the demised premises a dwelling house erected thereon and attached to the freehold. The question raised in the case was what fixtures erected by the tenant during his term are movable by him. The general rule of the common law undoubtedly is that whatever is once annexed to the freehold becomes part of it, and cannot be afterwards removed except by him who is entitled to the inheritance. This rule, however, never was inflexible and without exceptions. It was construed most strictly between executor and heir in favor of the latter, and more liberality between tenant for...
Bank of Kentucky Vs. Ashley
Court: US Supreme Court
Decided on: 1829
Bank of Kentucky v. Ashley - 27 U.S. 327 (1829) U.S. Supreme Court Bank of Kentucky v. Ashley, 27 U.S. 2 Pet. 327 327 (1829) Bank of Kentucky v. Ashley 27 U.S. (2 Pet.) 327 ERROR TO THE CIRCUIT COURT OF KENTUCKY Syllabus The declaration purported to count upon sixty-eighty bills of the Bank of the Commonwealth of Kentucky, and it appeared that one of the bills had been omitted to be described, so that the declaration made out of a less sum than the writ claimed or the judgment gave. The defendants in error, plaintiffs below, moved for leave to cure the defect by entering a remittitur of the amount of the bill so omitted and damages pro tanto. This Court thinks itself authorized to make a precedent in furtherance of justice whereby a more convenient practice may be introduced, and to allow the party to enter his remittitur, but on payment of the costs of the writ if error is prosecuted no further after such amendment made. This action was in all respects similar to that of t...
Lessee of Powell Vs. Harman
Court: US Supreme Court
Decided on: 1829
Lessee of Powell v. Harman - 27 U.S. 241 (1829) U.S. Supreme Court Lessee of Powell v. Harman, 27 U.S. 2 Pet. 241 241 (1829) Lessee of Powell v. Harman 27 U.S. (2 Pet.) 241 ON CERTIFICATE OF DIVISION FROM THE JUDGES OF THE CIRCUIT COURT OF WESTERN TENNESSEE Syllabus Under the statute of limitations of Tennessee of 1797, a possession of seven years is a protection only when held under a grant or under valid mesne conveyances or a paper title which are legally or equitably connected with a grant, and a void deed is not such a conveyance as that a possession under it will be protected by the statute of limitations. In the court below, the lessor of the plaintiff showed a regular title to the lands in question under a grant from the State of North Carolina, and proved that the defendant was in possession of the land in dispute. The defendant proved that he had been in peaceable possession of the land for more than seven years, holding adversely to the plaintiff under a deed from...
American Fur Company Vs. United States
Court: US Supreme Court
Decided on: 1829
American Fur Company v. United States - 27 U.S. 358 (1829) U.S. Supreme Court American Fur Company v. United States, 27 U.S. 2 Pet. 358 358 (1829) American Fur Company v. United States 27 U.S. (2 Pet.) 358 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OHIO Syllabus Whatever an agent does or says in reference to the business in which he is at the time employed and within the scope of his authority is done or said by the principal and may be proved, as well in a criminal as a civil case, in like manner as if the evidence applied personally to the principal. Where two or more persons are associated together for the same illegal purpose, any act or declaration of one of the parties in reference to the common object and forming a part of the res gesta, may be given in evidence against the other. The Act of 30 March, 1802, having described what should be considered as the Indian country at that time, as well as at any future time when purchases of territor...
Weston Vs. City Council of Charleston
Court: US Supreme Court
Decided on: 1829
Weston v. City Council of Charleston - 27 U.S. 449 (1829) U.S. Supreme Court Weston v. City Council of Charleston, 27 U.S. 2 Pet. 449 449 (1829) Weston v. City Council of Charleston 27 U.S. (2 Pet.) 449 ERROR TO THE CONSTITUTIONAL COURT OF SOUTH CAROLINA Syllabus A tax imposed by a law of any state of the United States or under the authority of such a law on stock issued for loans made to the United States is unconstitutional. The power of this Court to revise the judgments of state tribunals, depends on the 25th section of the Judiciary Act. That section enacts "that a final judgment or decree in any suit in the highest court of law or equity of a state in which a decision in the suit could be had" where is drawn in question the validity of a statute or of an authority exercised under any state, on the ground of their being repugnant to the Constitution, treaties or laws of the United States and the decision is in favor of their validity "may be reexamined and reversed or af...
Bank of Hamilton Vs. Lessee of Dudley
Court: US Supreme Court
Decided on: 1829
Bank of Hamilton v. Lessee of Dudley - 27 U.S. 492 (1829) U.S. Supreme Court Bank of Hamilton v. Lessee of Dudley, 27 U.S. 2 Pet. 492 492 (1829) Bank of Hamilton v. Lessee of Dudley 27 U.S. (2 Pet.) 492 ERROR TO THE COURT OF THE UNITED STATES FOR THE SEVENTH CIRCUIT AND DISTRICT OF OHIO Syllabus Proceedings for the sale of the real estate of an intestate for the payment of debts were commenced before the repeal of the act of the Legislature of Ohio entitled "A law for the settlement of intestates' estates." The administrators, notwithstanding the repeal, went on to sell the land and appropriate the proceeds to the discharge of the debts of the intestate. Held that the sale was void. The power of the inferior court of a state to make an order at one term as of another is of a character so peculiarly local, a proceeding so necessarily dependent on the judgment of the revising tribunal, that the judgment of the same is considered authority, and this Court is disposed to confor...
Beatty Vs. Kurtz
Court: US Supreme Court
Decided on: 1829
Beatty v. Kurtz - 27 U.S. 566 (1829) U.S. Supreme Court Beatty v. Kurtz, 27 U.S. 2 Pet. 566 566 (1829) Beatty v. Kurtz 27 U.S. (2 Pet.) 566 APPEAL FROM THE CIRCUIT COURT OF THE COUNTY OF WASHINGTON Syllabus A lot of ground had, in the original plan of an addition to Georgetown, been marked "for the Lutheran Church," and by the German Lutherans of the place, had been used as a place of burial from the dedication, and who had erected a schoolhouse on it, but no church exercising acts of protection and ownership over it at some periods by committees appointed by the German Lutherans, the original owner acquiescing in the same. This may be considered as a dedication of the lot to public and pious uses, and although the German Lutherans were not incorporated, nor were there any persons who, as trustees, could hold the property, the appropriation was also valid under the bill of rights of Maryland. The bill of rights, to this extent at least, recognizes the doctrines of the Statute ...
Chirac Vs. Reinecker
Court: US Supreme Court
Decided on: 1829
Chirac v. Reinecker - 27 U.S. 613 (1829) U.S. Supreme Court Chirac v. Reinecker, 27 U.S. 2 Pet. 613 613 (1829) Chirac v. Reinecker 27 U.S. (2 Pet.) 613 ERROR TO THE CIRCUIT COURT OF MARYLAND Syllabus After the plaintiff's had proved by a surveyor that most of the lines and streets in "Howard's Late Addition to Baltimore Town" had been run by him as the same were marked in a particular plot upon which was the lot of ground for which the ejectment was brought, they gave the plot so authenticated in evidence. This was contained in a volume in which were also other plots. The defendant then offered in evidence another plot in the same volume, but gave no evidence to authenticate it, claiming to use the same in evidence, as it was authenticated in the same volume in which was that exhibited by the plaintiffs. It was held that the whole volume was not in evidence, and if the defendant meant to use any plot in the same, it was his duty to establish it by competent proof of its partic...
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