Leading cases simplified. A collection of the leading cases in equity and constitutional law

Front matter

Cornell University Library KF 398.L42

Leading cases simplified.A collection of

3 1924 018 877 146

Preface

The favor with which my first volume of Leading Casks SniPLiriED has been received by the profession is the inducement which has led me to treat the cases in Equity and in Constitutional Law in the manner I before adopjted in presenting to the practitioner and the student the leading cases of the Coiimon Law.

I take the liberty to repeat in this, my second volume of Leadixg Cases Simplified, the aim which I announced in my first volume : 1. To give the reader a collection of the acknowledged leading cases in Equity and Constitutional Law. 2. To present these in a style which shall arrest his attention, render it possible for him to acquire their principles readily, and fix those principles in his mind unincumbered by unimportant and sometimes unintelligible facts. How far I have succeeded in both volumes I leave the profession to judge.

The many exceptions to which all the elastic rules of equity are subject have made it necessary for me, in many instances, to append notes to the cases in which to set out and explain these exceptions. The spaces left at the ends of these notes the student will find convenient places in which to mark, for his own instruction, any subsequent cases which may come under his notice in his reading.

I intend at an early day to complete this series by a volume of Leading Cases in the Criminal Law.

J. D. L.

St. Louis, June, 1883.

Part I. Equity Cases Simplified

TRUSTS.

PAGE.

"Uses and Trusts —

Tyrrel 's Case 1

Shelley's Case i

Executed axd Executory Trusts — "Equity Follows THE Law" —

Lord Glenorchy v. Bosville ,6

Note r

Imperfect Conveyance may Constitute a Trust —

Wadsworth v. Wendell 8

Ellison V. Ellison .... . . 8

Antrobus v. Smith 9

Bichards v. Delbridge 10

Precatory Trusts —

Sarding v. Glyn 11

Greene v. Greene .12

Wynne \. Hawkins ... 12

Sale V. Moore 13

Resulting Trusts — Party Paying Purchase Money — Advancement —

Dyer v. Dyer 14

Dudley v. Bachelder 15

Ex parte Yallop 16

Baldwin v. Campfield 16

(O

VI

CONTENTS.

Failure of Trust —

Mayor of Gloucester v. Wood 18

Charitable Trusts — The Cy Prbs Doctrine —

Jackson v. Phillips 20

Note 21

Constructive Trusts — Vendor's Lien for Purchase Money —

Mackreth v. Symmons 22

Sam;! — Purchases by Trustees —

Keech v. Sandford 2i

Fox V. Mackreth 25

Bobinson v. Pett .... . . 26

Purchases from Trustees —

Elliot V. Merryman 27

Note 28

Besponsibility for Act of Co-Trustee —

Townley v. Sherborne 29

Brice v. Stokes 30

WILLS.

Wills —

Ashburner v. Macguire

Bland v. Mayo ....

Smith V. Lampion

Note

Donatio Mortis Causa — Ward V. Turner .

Note

Oourley v. Linsenbigler Edwards v. Jones Jones V. Selpy . , Moore v. Darton .

Hawkins v. Blewitt Sneckner v. Taylor

. 32 . 32 . 33 34, 35

. 36 36, 37, 38 37

37 37 37 38 88

CONTENTS. VU

MISCELLANEOUS.

PAGE

Conversion — "Equity Looks on that as Done which Ought to be Done " —

Fletcher v. Ashbumer 39

Ackroyd v. Smithson 41

N^ote 43

Election —

Wilbanks v. Wilbanks 44

Brodie v. Barry .44

Cooper V. Cooper 45

Note 46, 4T

Performance — " Equity Imputes an Intention to Fulfil AN Obligation " —

Wilcocks V. Wilcocks 48

Blandy v. Widmore 48

Oliver v. Brickland 49

Lechmere v. Earl of Carlisle .... 50

Satisfaction —

Talbot V. Duke of Shrewsbury 52

Ghancey's Case 52

Strong v. Williams 53

Mooley v. Hatton 53

Ex parte Pye 54

Clark V. Sewell 56

Dewitt V. Tales 56

Coventry v. Chichester 58

Administration of Assets —

Duke of Ancaster v. Mayer 59

Marshalling Assets —

Aldrich V. Cooper 62

Equitable Mortgages —

Bussell V. Bussell . . 64

VIU CONTENTS.

PAGE

Tenancy in Common — " Equality is Equity " —

Lake v. Gibson . . ■ "S

Lake v. Craddock 6&

JVote 66, 67

Morley v. Bird 66

Penalties and Eorfeitubes —

Sloman v. Walter . 68

Peachey v. Duke of Somerset 69

Contribution — " Equality is Equity " —

Dering v. Earl of Winchelsea 71

MARRIED WOMEN.

Married Women — Equity to a Settlement — "He who Seeks Equity must do Equity " —

Lady Elibank v. Montolieu . . . .73

Murray v. Lord Elibank 74

Married Women — Rights and Liabilities as to Separate Estate —

Jaques v. Methodist Episcopal Church .... 77 Methodist Episcopal Church v. Jaques .... 77

Married Women — Separate Estate and Restraint upon Alienation —

Tullett V. Armstrong .... ... 80

ACCIDENT.

Loss OF Documents —

Lawrence v. Lawrence .82

Imperfect Execution op Powers —

Toilet V. Toilet 86

Powers Coupled with Trusts —

Withers v. Yeadon 88

CONTENTS. IX

Page Accidental Forfeitures —

Bostwick V. Stiles 89

Accidental Penalties —

Jones V. Lewis 92

MISTAKE.

Mistakes of Law —

Hunt V. Bousmaniere 94

Lansdowne v. Lansdowne 95

Stapleton v. Stapleton 96

Gordon v. Gordon 96

Tyson v. Tyson . 97

Westvy V. Westvy 9S

Mistakes op Fact —

Brown v. Lamphear 99

FRAUD.

Contracts in Restraint of Marriage —

Maddox v. Maddox 102

Bargains with Heirs —

Chesterfield v. Janssen 104

Nevill V. Snelling 105

Bargains Between Persons in Fiduciary Relation —

Huguenin v. Baseley ... ... 107

Frauds upon Creditors —

Sexton V. Wheaton .... ... 109

Frauds upon Marital Rights —

Countess of Strathmore v. Bowes Ill

Note 112

Taylor v. Pugh . 112

Frauds on Powers —

Aleyn v. Belchier lliJ

X CONTENTS.

- PAGE

Bona Fide Pubohasers —

Basset v. Nosworthy US

Note 116

SPECIFIC PERFOKMANCE.

Not Generally Decreed of Chattels —

Guddee v. Butter 116

AETiCLt;a OF Special Value —

Pusey V. Pusey 118

Duke of Somerset v. Gordon 118

Phillips V. Serger 119

Fells V. Heed 119

Duncuft V. Albrecht 119

Buxton V. Linter 120

Contracts Relating to Real Property —

Seton V. Slade • . 121

Lester v. Foxcroft 121

Woollam V. Hearn .... ... 122

When Specific Performance not Decreed —

Vodson V. Swan 125

Jurisdiction of Equity — " Equity Acts in Personam " —

Penn v. Lord Baltimore 127

INJUNCTIONS.

Enjoining Proceedings at Law —

Marine Ins. Go. v. Hodgson 129

Earl of Oxford 's Case 130

Injunction to Restrain Violation of Contracts —

Steward v. Winters 132

Restraining Nuisances —

St. Helenas Smelting Co. v. Tipping 136

Note 137

CONTENTS. Xi

PAGB

Public Nuisauce Enjoined by Equity —

Samilton v. Whitridge 138

Nuisance from Noxious Vapoks —

Campbell v. Seaman 140

Peck V. Edler 142

Nuisance from Noise — Bells —

Soltau V. De Held 143

Harrison v. St. Mark's Church .... 145 Nuisance from Noise — Improper Use —

Broder v. Saillard 146

Ball v. Bay .148

Nuisance from Noise — Proper Use —

Pool T. Coleman 149

No Trade a Nuisance Per Se —

Catlin V. Valentine 153

Arnot V. Brown 154

Flint V. Bussell 155

Nuisance mat be Disagreeable without Being Hurtful —

Walter v. Selfe 156

Dennis v. Eckhardt 157

Cook V. Forbes 158

Coming to Nuisance —

Brady v. Weeks 159

Smith V. Phillips 160

Note 161

Nuisance — Length op Time Immaterial —

Boss V. Butler 162

Com.y. Gallagher 163

Infringement of Patents —

Caldwell v. VanvHssengen 164

Xll CONTENTS.

PAGE

XiTERARY Piracy —

Prince Albert v. Strange 167

Folaom v. Marsh 167

Martinetti v. Maguire 168

■ Trade-Marks — Family Name Used to Deceive —

Croft V. Daij 170

Trade-Marks — No Relief to Wrong-Boer —

Seabury v. Orosvenor 171

McAndrew v. Basset 172

Maxwell v. Sogg ....... 172

Young v. Macrae 172

Braham v. Bustard 17.S

Trade-Marks — Family Name Used without Intent to Deceive —

Meneely v. Meneely 174

Note 175

;Statement8 as to Former Employment —

Olenny. v. Smith 176

PART IL

CONSTITUTIONAL CASES SIMPLIFIED.

CHAPTER I. — GENERAL PRINCIPLES. General Limitations in Constitution do not apply to the States

Barron V. Mayor of Baltimore 181

Implied Powers —

McCullough v. State of Maryland 185

Martin v. Hunter's Lessee 186

CONTENTS. XI II

Chapter II. — The Power Of Taxation. Page

Extent of the Taxing Power —

Providence Bank v. Billings 188

St. Louis V. Ferry Co 191

Tax must be for Public Purpose —

Loan Association v. Topeka 192

Lowell V. Boston 193

State V. Osawkee Tp 193

What are " Direct Taxes " —

Hylton V. U. S 194

Pacific Ins. Co. v. Soule 195

Veazie Bank v. Fenno 195

State Duties on Imports —

Brown v. State of Maryland 197

Note 198

State Duties on " Exports " —

Almy V. State of California 199

Woodruff V. Parham . . .... 200

States Cannot Tax Federal Agencies —

McCulloch V. State of Maryland 202

Dobbins v. Commissioner of Erie Co. ■ ■ . ■ 203

Weston V. City Council of Charleston .... 203

Crandall v.. State of Nevada 204

United States Cannot Tax State Agencies —

Collector v. Day 206

Warren v. Paul 207

Duty of Tonnage —

Cannon v. New Orleans 208

Packet Co. v. Keokuk * ■ 208

St. Louis V. Ferry Co. 210

CONTENTS.

Chapter III. — The Power To Borrow Money. Tage

Craig v. State of Missouri . . . . 211

Briscoe \ . Bank of Kentucky ... . . 212

CHAPTER IV. — The power to regulate commerce. Commerce Cannot be Regulated by the States

Gibbons v. Ogden 215

The Passenger Cases . . . . . 216

State of Pennsylvania v. Wheeling Bridge Co. . . 217, 218 Except as to Local Regulations —

Cooley V. Port Wardens .... . . 218

What is " Commerce " —

Panl V. Virginia 219

What is Commerce "Among " the States —

Veazie v. Moor 223

U. S. V. Dewitt 224

Commerce and the Police Power —

The License Cases 226

City of New York v. Miln 225

CHAPTER v. — property RIGHTS.

A Grant from the State is a Contract — Fletcher v. Peck

Note ....

But not Public Offices — Butler V. Pennsylvania Note .

A License not a Contract — Stone V. Mississippi .

Note .

Charters to Private Corporations — Dartmouth College v. Woodward Planters Bank v. Sharp .

Note

. 228 228, 229

230 231

232 233

285, 236

CONTENTS. XV

Collateral Stipulations in Private Charters —

Gordon v. The Appeal Tax Court 237

Woodruff V. Trapnall 238

Contracts not Implied —

Charles JRiver Bridge v. Warren Bridge .... 242

Municipal Corporations —

East Hartford v. Hartford Bridge Co 244

State V. Haben 245

"What Laws Impair the Obligation op Contracts — Insolvent Laws —

Sturges v. Crowninshield 246

Breitenbach v. Bush 249

McCormick v. Bush 249

IiAws in Force at the Time of Contract — Domicil op Creditor —

Ogden v. Saunders . 251

Baldwin v. Hale . ...... 251

Statutes of Limitation —

Terry v. Anderson 254

Abolishing Imprisomment for Debt —

Mason v. Haile 256

Appraisement Laws —

Bronson v. Kinzie 257

Exemption Laws —

Edwards v. Kearzy 260

Eminent Domain —

West Biver Bridge Co. v . Dix 262

Xvi CONTENTS.

CHAPTER VI.— THE POLICE POWER. PAdB

Protection of Public Health —

The Slaughter House Gases 264

Police Power Resides in the States — Powers op Con-

GKE88 —

United States v. Dewitt 266

Must not Conflict with National Rights —

Railroad Co. v. Husen 268

Chy Lung v. Freeman 269

Admissiost to the Bab —

Bradwell v. State 272

Corporations —

Paul V. Virginia 274

Intoxicating Liquors —

Bartemeyer v. Iowa , . . 275

Beer Co. v. Massachusetts ...... 275

Regulation of Railroai'S —

Mailroad Co. v. Fuller 278

Regulation of Charges —

Peik V. Chicago, etc., B. Co 280

Chicago, etc., B. Co- v. Jowa 281

Munn V. Illinois 282

Note 283