Fairchild, Robert

Fairchild, Robert
Birth Date: 
Death Date: 
Robert Fairchild's name is on the title page. The volume was formerly in the Stratford, CT public library, but is now in the Litchfield Historical Society.
Additional Notes: 
One volume; 551 pp.; marble paper boards; calf spine; written on both side of page; numbered by student in upper outer corner; headers throughout. Legible, some loss of text with binding; Citations are in margins, but for some titles, such as tender, authorities are referenced at the end of the section. There are some notes written vertically in margins. Errors in paging: 85, 182 and 343 are numbered twice. Inside front cover is the mode of computing interest established by the Superior Court in 1794. This volume is dated 1794, but Fairchild began as a student in 1793. Lecture 10, dated February 10th, is called the first lecture after January court, which would be 1794. Since this volume begins with a continuation of lectures on contracts, there is a volume preceding this one. Fairchild refers to lectures in volume 1 on p. 411 and 416. This single surviving volume can reasonably be called volume 2. Dated lectures continue to August 16, 1794. Contents are lectures on Defences to actions on contracts; Estate of a deceased person; Title by occupancy to things personal; Evidence; Bail; Lex Mercatoria; Policies of insurance; Miscellaneous principles; Real Property, Mortgages; Descents; Wills; Injuries to real property & their remedies; Personal actions. Also several essays by Mr. Reeve.
Lecture Date Lecturer Opening Line All terms
1793-12-01 to 1793-12-31 Reeve, Tapping As it respects the liability of the husband for the contracts of his wife & for her torts. Baron & feme, Essay on baron & feme
1793-12-01 to 1793-12-31 Reeve, Tapping As it respects their right of justification each other in case of a Battery. Essay on parent & child, Parent & child
1793-12-01 to 1793-12-31 Reeve, Tapping As it respects the Master's liability for the Servants' fraud. As it is inconvenient & indeed impossible for men always to transact their business personally, the law indulges them with the privilege of doing it by representation. Essay on master & servant, Master & Servant
1794-01-01 to 1794-01-15 Reeve, Tapping One case under Equitable assets was omitted in the last lecture. Estate of deceased persons No. 9, Wills & devises
1794-01-01 to 1794-01-31 Reeve, Tapping An award of arbitration is a defence against contracts. An award is a judgment rendered by persons chosen by parties, concerning some question in dispute. Contracts, Contracts No. 2
1794-01-01 to 1794-01-31 Reeve, Tapping Defence against contracts. Tender. A tender is an offer to fulfill an engagement which a person is obliged to perform. Contracts, Contracts No. 4
1794-01-01 to 1794-01-31 Reeve, Tapping Who may submit to arbitration. It is a general rule that all persons not disqualified from making contracts may submit their controversies to arbitration. Contracts, Contracts No. 3
1794-01-01 to 1794-01-31 Reeve, Tapping The authorities on first sight would seem to contradict the Principles before mentioned. For they say that in cumbrous articles, tender damages the duty completely. [On p. 35 is a table of English authorities on tender.] Contracts, Contracts No. 5
1794-01-01 to 1794-01-31 Reeve, Tapping Of the Statute of Frauds and Perjuries. The Statute of Frauds & Perjuries is pleadable as a defence, only against parol contracts. Contracts, Contracts No. 6
1794-01-01 to 1794-01-31 Reeve, Tapping Principles of the English Law on the Real & Personal estates of Deceased persons. The law of England respecting the management of the real property of a deceased person is different from the law respecting personal property. Estate of deceased persons No. 7, Wills & devises
1794-01-01 to 1794-01-31 Reeve, Tapping Of such defence as at Law may be made against Contracts, whether Parol, reduced at length to writing & sealed Contracts, Contracts No. 1
1794-01-01 to 1794-01-31 Litchfield. Minutes of the Lectures of Tapping Reeve, Esquire Taken in his office by Rob't Fairchild student A.D. 1794 title page, Title Page
1794-01-01 to 1794-12-31 Reeve, Tapping The Statute of Descents both of Real and personal property is manifestly derived to us from the English Statute of Charles 2nd respecting person & estate. Essay on descents, Essays
1794-01-01 to 1794-12-31 Reeve, Tapping A Bill of Exchange is nothing more than a written request from one to another to pay a 3rd person a sum of money. Bills of exchange & promissory notes, Essay on bills of exchange
1794-01-01 to 1794-12-31 Reeve, Tapping By the term infancy in our Laws is understood a person under the age of 21 years. Essay on the liability of infants for their contracts, Essays
1794-01-01 to 1794-12-31 not identified After judgment upon issue to the jury, the verdict may be arrested for the insufficiency of the declaration, plea, replication &c. Essays, How far defects in pleading may be aided or cured by a Verdict
1794-01-01 to 1794-12-31 Reeve, Tapping In Connecticut there are several Courts for trying causes at Law and Punishing offenders with very different jurisdictions. Jurisdiction & proceedings of the several courts of Connecticut, Practice in Connecticut
1794-01-01 to 1794-12-31 Reeve, Tapping Chart of the Beginning & ending of the reigns of successive Kings of England. [Begins with Egbert the first Monarch, 827; continues to George III, 1760] Chart of reigning kings of England, Charts
1794-02-10 Reeve, Tapping A legacy given payable at a future time is not to be considered on interest till it is due & not then unless demanded by the legatee. Estate of deceased persons No. 10, Wills & devises
1794-02-11 Reeve, Tapping There is a case in 2 Vernon 205 where an executor having taken all possible precaution before he paid the legacy, was yet excused from paying a debt which came in afterwards. Estate of deceased persons No. 11, Wills & devises
1794-02-12 Reeve, Tapping Formerly legacies were recovered in Ecclesiastical Courts but now the Court of Chancery has a concurrent jurisdiction with them. Estate of deceased persons No. 12, Wills & devises
1794-02-12 Reeve, Tapping The principles in this Statute will apply to all the United States & if understood, will lay a foundation for a complete knowledge of the Distribution of the Estates of intestates. Statute of distributions, Wills & devises
1794-02-13 Reeve, Tapping It is a rule in law that where a child is advanced by his father, he shall not be entitled to a distributory share under the statute, Estate of deceased persons No. 13, Executor & Administrators
1794-02-14 Reeve, Tapping The first thing the Administrator is to do, is to go before the ordinary & there give sufficient bond that he will administer faithfully. Estate of deceased persons No. 14, Executor & Administrators
1794-02-15 Reeve, Tapping Of the right of the Administrator over the property of the intestate. General rule. As soon as the administrator is appointed, he is vested with the property of the intestate. Estate of deceased persons No. 15, Executor & Administrators
1794-02-15 Reeve, Tapping Originally at Common Law if a man commenced an action & died, his administrator could not pursue the action, but must institute a new suit. Estate of deceased persons No. 16, Executor & Administrators
1794-02-17 Reeve, Tapping Statute of Mortmain. This statute was made to prevent persons from making donations to corporations & particularly to prevent the property of the nation from falling into the hands of the clergy. Estate of deceased persons No. 17, Executor & Administrators
1794-02-18 Reeve, Tapping Nuncupative wills. These are wills which depend entirely upon oral evidence. Estate of deceased persons No. 18, Executor & Administrators
1794-02-20 Reeve, Tapping When real estate is devised for the payment of debts, before this is touched, the personal is to be exhausted, unless the Testator has directed otherwise. Estate of deceased persons No. 19, Executor & Administrators
1794-02-21 Reeve, Tapping Continuation of the law of Connecticut. The executor is liable to be sued in Common Law Courts as in England. Estate of deceased persons No. 20, Executor & Administrators
1794-02-22 Reeve, Tapping The administrator always pays costs in unfounded actions where he does not recover. Estate of deceased persons No. 21, Executor & Administrators
1794-02-24 Reeve, Tapping Ferae Naturae. The property men have in wild beasts is a qualified property; it is only commensurate with the possession. Title by occupancy to things personal
1794-02-25 Reeve, Tapping The Doctrine of Accession has been also referred to as the head of occupancy. Title by occupancy to things personal
1794-02-26 Reeve, Tapping There is great difficulty in determining what Testimony ought to be admitted & what rejected. Evidence, Evidence No. 24
1794-02-27 Reeve, Tapping Suppose a man assaulted & the public peace is broken. The public prosecute the offender & by testimony of the person assaulted a verdict is obtained against him. Evidence, Evidence No. 25
1794-02-28 Reeve, Tapping A judgment of a Court of competent jurisdiction is conclusive testimony. Evidence, Evidence No. 26
1794-03-01 Reeve, Tapping In this state we have embraced a wrong idea respecting the design of recording deeds. Evidence, Evidence No. 27
1794-03-03 Reeve, Tapping If it appears that any use can be afterwards made of a judgment by a witness, which judgment depends upon his testimony, he is interested in the event & is inadmissible. Evidence, Evidence No. 28
1794-03-04 Reeve, Tapping Husband & wife are excluded from being witnesses against each other. Evidence, Evidence No. 29
1794-03-05 Reeve, Tapping Children are admitted to testify at different ages in different countries & indeed in the same countries, it depending more on their discretion than on their age. Evidence, Evidence No. 30
1794-03-06 Reeve, Tapping An interested person is capable of becoming a proper witness by a release. Evidence, Evidence No. 31
1794-03-07 Reeve, Tapping There are instances in which a person's general character may be enquired into, not only the characters of the witnesses & parties, but of other persons. Evidence, Evidence No. 32
1794-03-08 Reeve, Tapping The law of Bail in Connecticut is the best system that is known of & if well understood, will lead to a thorough knowledge of Bail as it prevails in the other State & in England. Bail No. 33
1794-03-10 Reeve, Tapping There may be instances in Connecticut where one party will have 2 securities for his costs. Bail No. 34
1794-03-11 Reeve, Tapping The Law Merchant is a rule of conduct observed among Merchants respecting Mercantile matters. It is not confined to any particular nation. Lex mercatoria No. 35, Mercantile law
1794-03-13 Reeve, Tapping A Bill of exchange is a letter to a man requesting him to pay over money to the third person or his order, i.e., to this third person or such person as he shall point by endorsing the bill. Bills of exchange & promissory notes, Lex mercatoria No. 36
1794-03-14 Reeve, Tapping A bill of exchange must not depend upon a contingency. Bills of exchange & promissory notes, Lex mercatoria No. 37
1794-03-15 Reeve, Tapping It has formerly been a question whether the omission of "or order" in an endorsement destroys the negotiability of a bill of exchange. Bills of exchange & promissory notes, Lex mercatoria No. 38
1794-03-17 Reeve, Tapping The Indorsor must have notice tho' the drawee had no effects of the Drawer. Bills of exchange & promissory notes, Lex mercatoria No. 39
1794-03-18 Reeve, Tapping It has been a great question whether an action of indebitatus assumpsit will lie against the drawee, drawer, & endorsor. Bills of exchange & promissory notes, Lex mercatoria No. 40
1794-03-19 Reeve, Tapping A policy of insurance is a contract between two men that upon one's paying the certain premium equivalent to the hazard, the other will indemnify him against a certain event. Insurance, Lex mercatoria No. 41
1794-03-20 Reeve, Tapping A double insurance is unlawful unless where the insurers become Bankrupts & are incapable of paying. Insurance, Lex mercatoria No. 42
1794-03-21 Reeve, Tapping A factor is a man employed by a Merchant to transact his business for which he is paid according to the nature of the contract. Factors/agency, Lex mercatoria No. 43
1794-03-22 Reeve, Tapping 1. Cohabitation & reputation of marriage is good proof in all cases except in an action of criminal conversation. Miscellaneous principles
1794-05-26 Reeve, Tapping Notwithstanding it appears extremely easy at first view to define Real Property, yet it is impossible, in any one proposition, to give the Student an adequate idea of it. Real property & mortgages, Real property No. 1
1794-05-27 Reeve, Tapping A fee simple is such an estate that when given, it is wholly at the disposal of the person named as grantee. Real property & mortgages, Real property No. 2
1794-05-28 Reeve, Tapping The instances which have been determined to carry with them sufficient evidence of intention to pass a fee are a devise in fee simple. Real property & mortgages, Real property No. 3
1794-05-29 Reeve, Tapping Of the qualities of an estate tail. It is liable to revert back to the grantor on the death of the donee in fail & failure of issue. Real property & mortgages, Real property No. 4
1794-05-30 Reeve, Tapping Of Estates in Dower under the English law. This happens where a husband dies seised of lands. Real property & mortgages, Real property No. 5
1794-05-31 Reeve, Tapping Authorities for the above subject. No Estate of freehold or inheritance by the English Law can commence in futuro. Real property & mortgages, Real property No. 6
1794-06-02 Reeve, Tapping The law of England & New York are the same respecting the terms which create a fee simple only by a late statute any words which in England will create an estate tail, will in N.Y. create a fee simple. Real property & mortgages, Real property No. 7
1794-06-09 Reeve, Tapping A Mortgage is a pledge of land in security for debt. Mortgages No. 8, Real property & mortgages
1794-06-10 Reeve, Tapping Sometimes the condition to a Mortgage is attached to the deed itself & sometimes a separate defeasance is given by the mortgagee. Mortgages No. 9, Real property & mortgages
1794-06-11 Reeve, Tapping There is a practice in the United States of selling real property at public vendue to pay taxes. Mortgages No. 10, Real property & mortgages
1794-06-12 Reeve, Tapping An officer may attach an Equity of Redemption as real property altho' in the hands of the Mortgagee. Mortgages No. 11, Real property & mortgages
1794-06-13 Reeve, Tapping Originally courts of equity entertained the same ideas as Courts of law respecting lands descending to the heir. Mortgages No. 12, Real property & mortgages
1794-06-14 Reeve, Tapping A decree of foreclosure may pass against Feme coverts & no time is fixed when they may enquire into the cause of the foreclosure before Chancery. Mortgages No. 13, Real property & mortgages
1794-06-16 Reeve, Tapping If the first Mortgagee has also a lien upon the land by judgment, as by Stat. Merchant, Stat Staple or Recognizance, he may tack this to his mortgage and protect himself against all other encumbrances. Mortgages No. 14, Real property & mortgages
1794-06-17 Reeve, Tapping Where there are several mortgagees & a subsequent brings an ejectment, he will eject the mortgagor unless the prior mortgagee interferes to prevent it. Mortgages No. 15, Real property & mortgages
1794-06-18 Reeve, Tapping The purchaser of an Equity of redemption dies. Shall his heir have aid of personal assets to redeem? Mortgages No. 16, Real property & mortgages
1794-06-19 Reeve, Tapping Contrary to what Mr. Reeve laid down in the last lecture, Woodeson says the wife can take dower of an Equity of redemption in all cases, except where the lands were mortgaged before marriage. Mortgages No. 17, Real property & mortgages
1794-06-20 Reeve, Tapping Partition may be made by agreement or by compulsory process. Estates upon condition, Real property & mortgages
1794-06-21 Reeve, Tapping Of a reversion. Whenever an estate less than a fee simple is created, there is a reversion in the grantor as if a man grant an estate for years or for life, he has the reversion. Estates upon condition, Real property & mortgages
1794-06-23 Reeve, Tapping Here Mr. Reeve repeated the Lecture, to be found in pages 68-70 [of this volume] on the Law of Distribution, as an introduction to the Doctrine of Descents. Descents, Estates upon condition
1794-06-24 Reeve, Tapping Our law and the English differ in the Definition of purchased estate. Descents, Descents No. 21
1794-06-25 Reeve, Tapping Distribution of property by Statute of Connecticut. In the Distribution of the following cases, these directions are to be observed. Descents, Descents No. 22
1794-06-26 Reeve, Tapping Distribution of Real Property under the Laws of New York. [10 cases, e.g. J.S. dies, seised of real estate & left children, A.B.C. Answer: All take equally.] Descents, Descents No. 23
1794-06-27 Reeve, Tapping Distribute the following cases according the directions now given. Descents, Descents No. 24
1794-06-30 Reeve, Tapping !st by deed, 2nd by execution, 3rd by devise. A Deed in England is always a sealed instrument, but a sealed instrument is not always a deed. Other methods of acquiring property No. 25, Title by deed
1794-06-30 Reeve, Tapping Consideration in a Deed. There must be a consideration expressed in the deed, or one actually given. If the deed is destitute of both these, it conveys nothing. Other methods of acquiring property No. 26, Title by deed
1794-07-01 Reeve, Tapping At Common Law, lands passed by parole with the ceremony of delivery Other methods of acquiring property No. 27, Title by deed
1794-07-02 Reeve, Tapping In common deeds of conveyance, there are 2 covenants. Other methods of acquiring property No. 28, Title by deed
1794-07-03 Reeve, Tapping The law respecting fraudulent conveyances is different from that which regulates other illegal transactions Fraudulent conveyance, Other methods of acquiring property No. 29
1794-07-07 Reeve, Tapping Of New York executions. Real property is liable to be levied upon & sold at auction. Other methods of acquiring property No. 30, Title by deed
1794-07-08 Reeve, Tapping In Connecticut a devise vests the devisee with a defeasible title & such devisee takes whether the will be proved or not. Wills & devises, Wills No. 31
1794-07-09 Reeve, Tapping The whole will must be present at the attestation. Wills & devises, Wills No. 32
1794-07-10 Reeve, Tapping What is a publication. Any act or declaration that imports a solemn intent of the Testator to have a will. Wills & devises, Wills No. 33
1794-07-11 Reeve, Tapping If a grantor conveys land not his own & afterwards buys it, the conveyance is good as between him & grantee. Wills & devises, Wills No. 34
1794-07-12 Reeve, Tapping Who may make a devise. Coverture is no disqualification. Her taking, however, depends upon the pleasure of the husband. Wills & devises, Wills No. 35
1794-07-14 Reeve, Tapping A subsequent or different will or codicil if made upon a false impression in point of fact is no revocation. Wills & devises, Wills No. 36
1794-07-15 Reeve, Tapping A man must be seised till death, for if deseised, it is a revocation. Wills & devises, Wills No. 37
1794-07-16 Reeve, Tapping Of republications of wills. Republications are express or implied. Wills & devises, Wills No. 38
1794-07-17 Reeve, Tapping Whenever words are used which have a certain technical meaning, let this be ever so clear on the face of the will. Wills & devises, Wills No. 39
1794-07-18 Reeve, Tapping Of Trespass vi et armis. This is any invasion upon the property of a man. Leases, tho' personal property, fall under this subject. Injuries to real properties & their remedies No. 40
1794-07-19 Reeve, Tapping On the Connecticut statute of trespass as altered from the Common Law. This action must be founded upon the Statute, otherwise it will be presumed that he takes his remedy at Common Law. Injuries to real properties & their remedies No. 41
1794-07-21 Reeve, Tapping Of forcible entry. Formerly if a man had a certain right to land, he might enter & wrest it from an intruder by force. Injuries to real properties & their remedies No. 42
1794-07-22 Reeve, Tapping Every thing that is considered waste in England is not waste here. Injuries to real properties & their remedies No. 43, Waste
1794-07-23 Reeve, Tapping Of the action of ejectment. This is the only action now brought in England for the trial of title to lands. Ejectment, Injuries to real properties & their remedies No. 44
1794-07-24 Reeve, Tapping Of slander. There are 2 kinds of Slander, by word. 1 Where words are actionable in themselves. 2 Where there is damages in consequence of words Personal actions No. 45, Private wrongs
1794-07-26 Reeve, Tapping Where special damage is stated in the declaration, it must be proved. Personal actions No. 46, Private wrongs
1794-07-27 Reeve, Tapping Pleadings in an action on slander. First it is customary to state the excellence of the Plaintiff's character, but this is unnecessary. Personal actions No. 47, Private wrongs
1794-07-28 Reeve, Tapping As a general rule, this action lies wherever it turns out that the Plaintiff in the original suit had no ground of action. Malicious prosecution, Personal actions No. 48
1794-07-29 Reeve, Tapping Of action respecting torts. Of Trover. This action lies in all cases where there is a wrongful taking, a wrongful use or a wrongful detainer of another man's goods. Personal actions No. 49, Private wrongs
1794-07-30 Reeve, Tapping Declaration in Trover. It must be stated that the Plaintiff lost the thing & that the Defendant found it. Personal actions No. 50, Private wrongs
1794-07-31 Reeve, Tapping On the one hand, one Statute asserts that the bondsman shall be liable to the extent of the judgment. Personal actions No. 51, Replevin
1794-08-01 Reeve, Tapping It has been a question whether greater damages ought to be given in a private action by the person injured, because the offence was highhanded. Personal actions No. 52, Private wrongs
1794-08-02 Reeve, Tapping In the first of Wilson 155, see the famous case of Wilkes where the whole doctrine of Search Warrants may be found. Personal actions No. 53, Private wrongs
1794-08-04 Reeve, Tapping Where the general issue is plead, the jury may find a part guilty and a part not. Personal actions No. 54, Private wrongs
1794-08-05 Reeve, Tapping Of the liability of the Sheriff for their under officers' wrongs. The sheriff is liable civiliter, not criminaliter. Personal actions No. 55, Sheriff & Gaoler
1794-08-06 Reeve, Tapping Where the prisoner escaped through the neglect of the Jailor or the insufficiency of the jail Personal actions No. 56, Sheriff & Gaoler
1794-08-08 Reeve, Tapping The pawnee is liable if he uses the pawn negligently, as he would not to his own to this action. Personal actions No. 57, Private wrongs
1794-08-11 Reeve, Tapping Where one sells an article knowing himself not to be the owner, he is liable to this action. Personal actions No. 58, Private wrongs
1794-08-12 Reeve, Tapping In the action of adultery, the incontinency of the husband is a ground for extenuating damages, his brutality, their former unhappiness. Personal actions No. 59, Private wrongs
1794-08-13 Reeve, Tapping The lowest kind of contract is parol. These are either express or implied. The technical terms for these actions is Assumpsit. Assumpsit, Personal actions No. 60
1794-08-14 Reeve, Tapping Upon the Statute of Frauds, see page 35. [where the statute of frauds & perjuries is discussed under Contracts.] Personal actions No. 61, Statute of frauds
1794-08-14 Reeve, Tapping Assumpsit lies not only on parol contracts but also upon such written contracts as are not specialties, which are such as do not detail the consideration at length but simply express "for val. Rec'd." Assumpsit, Personal actions No. 62
1794-08-16 Reeve, Tapping Assumpsit will not lie to recover back a voluntary courtesy, tho' done for the advantage of the person & written on expectation. Assumpsit, Personal actions No. 63
1794-08-17 Reeve, Tapping The Statute Henry 8 requires not particular solemnities to wills & consequently none were required to revoke on the leading principle that a subsequent contract may destroy Wills & devises, Wills & revocations
1794-08-18 Reeve, Tapping The Writ of Mandamus lies to restore persons to offices, to compel corporations to elect officers & to compel officers to execute their respective duties. Prerogative writs, Writ of mandamus
1795-11-25 Reeve, Tapping The wife's liability for her contracts when under articles of separation. Miscellaneous ideas
6/27/1794 Reeve, Tapping Distribute the following cases according to the directions now given. Descents, Descents