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Davis Vs. Gaines
Cites for this judgment
- US Supreme Court
- Jan 01, 1881
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U.S. 386 (1881) U.S. Supreme Court Davis v. GainesSearch
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U.S. 386 (1881) Davis v. GainesSearch
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think this question must be answered in the negative. A sale by order of a probate court is a judicial sale. Moore v. ShultzSearch
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Lalanne's Heirs v. MoreauSearch
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Howard v. ZeyerSearch
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made by a court in the exercise of competent jurisdiction is not rendered invalid by the reversal of the decree. Ward v. HollinsSearch
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Irwin v. JeffersSearch
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Brief any citation in this list with AI Studio
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Gossom v. DonaldsonSearch
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Fergus v. WoodworthSearch
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In the case of McCullough v. MinorSearch
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applied the law probate which governs judicial sales to sales made by order of courts. Thus, in Thompson v. TolmieSearch
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Grignon's Lessee v. AstorSearch
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See also Erwin v. LowrySearch
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Wall. 352. On the same subject, the Supreme Court of Appeals of Virginia, in Ballow v. HudsonSearch
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In Lalanne's Heirs v. MoreauSearch
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So in Howard v. ZegerSearch
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In Grignon's Lessee v. AstorSearch
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In McPherson v. CunliffSearch
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was purely in rem against the estate of the intestate, and not in personam. In Lalanne's Heirs v. MoreauSearch
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In Green v. TheSearch
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of the qualification of the executor is conclusive evidence of the existence of the will and of his authority. Allen v. DundasSearch
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is conclusive until repealed, was adverted to in an indictment for forging a will in Page 104 U. S. 396 Rex v. VincentSearch
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probate, that was held to be conclusive evidence in support of the will. To the same effect is the case of Wooley v. ClarkSearch
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by the administrator acting under the probate was not thereby defeated. To the same effect is the case of Semine v. SemineSearch
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Lev. 90. So in Graysbrook v. FoxSearch
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the true executor had no prejudice by it, forasmuch as he himself should have been bound to pay it. In Thompson v. HardingSearch
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The same doctrine is held in Parker v. KettSearch
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Ld.Raym. 658. The American cases are to the same effect. In Waters v. StickneySearch
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Kittredge v. FolsomSearch
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Stone v. Peasley'sSearch
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Estate, 28 Vt. 716. In Steele v. RennSearch
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the executor to have such land placed on the inventory, or to have it accurately described in the inventory. Mitchell v. LeviSearch
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had been held under the deed for over sixty years, its recitals are evidence even against strangers. Carver v. JacksonSearch
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of an executrix recorded in the probate court is competent evidence to prove the advertisement of a sale. Woods v. LeeSearch
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The good faith of the purchaser must be presumed until the contrary is shown. Packwood v. RichardsonSearch
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Fletcher v. CavalierSearch
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Rivarde v. RosseauSearch
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Leduf v. BaillySearch
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of advertisements of the sale is such an irregularity as falls within the prescription was held in the cases of Woods v. LeeSearch
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La.Ann. 505, and Pasiana v. PowellSearch
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do not fall within the prescription of five years, it would be hard to conceive of any that would. Fraser v. ZyliczSearch
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after their term of office had expired, and Page 104 U. S. 403 without any order of court. See Gaines v. NewSearch
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