Court : US Supreme Court
..... page 7 u. s. 178 to support such a judgment; otherwise the judgment must be rendered upon the verdict for the plaintiff. the five years mentioned in the 56th section of the act of assembly must have elapsed before the death of the testator. if they did not, no lapse of time after his death can bring the case within the purview ..... within the commonwealth of virginia in the year 1786, after the cause of action accrued, and hence it is argued that he is not within the saving clause of the section and that to exclude him from the benefit of that clause it is not necessary that he should have become a resident of that state. the court has not been ..... 174 (1805) faw v. roberdeau's executor u.s. (3 cranch) 174 error to the circuit court of the county of alexandria in the district of columbia syllabus if an act of limitations have a clause, "saving to all persons non compos mentis, femes covert, infants, imprisoned, or out of the commonwealth, three years after their several disabilities removed," a .....
Tag this Judgment!Court : US Supreme Court
..... made of the indians in the year 1768 or the personal estate found thereupon for the full space or term of ten years from and after the passing of this act." "sec. xiii. and be it further enacted by the authority aforesaid that the following tracts of land shall be reserved for the use of the commonwealth -- that is to say ..... be lawful to and for the holder or holders of any unsatisfied warrant and warrants heretofore issued for lands agreeably to the seventh section of the act, entitled, "an act to alter and amend an act of assembly entitled an act for opening the land office, for granting and disposing of the unappropriated lands within this state,'" passed on 21 december in the ..... , provided that he shall not survey more than 400 acres for such person, and shall, in making such survey, conform himself to all the other regulations by this act prescribed." "sec. ix. and be it further enacted by the authority aforesaid that no warrant or survey to be issued or made in pursuance of this .....
Tag this Judgment!Court : US Supreme Court
..... title was legally deduced from the state to the lessor of the plaintiff; and the facts of a prevention from making an improvement and settlement, under the 9th section of the act of april 1972, by a subsisting indian war, as well as the facts of a persistance in the endeavour to make such improvement and settlement, were established, in ..... pennsylvania, and on which the opinion of this court is required, grow out of the act passed by page 4 u.s. 392, 394 the legislature of that state, entitled 'an act for the sale of the vacant lands within this commonwealth.' the ninth section of that act, on which the case principally depends, is in these words: 'and be it further ..... enacted by the authority aforesaid, that no warrant or survey, to be issued or made in pursuance of this act, for lands lying north and west of the rivers ohio and .....
Tag this Judgment!Court : US Supreme Court
..... and all persons claiming under him, without calling in the aid of a special warranty. in short, the insertion of the clause of special warranty, is generally the act of scriveners; but i presume, that no scrivener could be so stupid as to insert a covenant, that 'the grantor was seised of an indefeasible estate in fee,' ..... in fee simple, subject to no incumbrances, but a certain ground rent; and a covenant of special warranty. it has been the prevailing opinion, tha by virtue of an act of assembly, passed in the year 1715,5 the words 'grant, bargain and sell,' have the force of a general warranty, unless restrained by subsequent expressions. to qualify ..... . and pull. 13. 3 bos. and pull. 565. 573. thus, independent of general authorities, the words 'grant, bargain and sell,' which by themselves, are declared in an act of assembly, to import a general warranty, have always been considered as qualified and limited, if the deed contains a subsequent special warranty. 1 st. laws 109. and on this .....
Tag this Judgment!Court : US Supreme Court
..... a contract which is put an end to, as where, either by the terms of the contract it is left in the plaintiff's power to rescind it by any act, and he does it, or where the defendant assents to its being rescinded. in that case, the counsel for the defendant admitted that when the party has done anything to .....
Tag this Judgment!Court : US Supreme Court
..... , but the appeal was at that time dismissed for want of a statement of facts made in the court below agreeably to the 19th section of the judiciary act of 1789, c. 20. after the passing of the act of congress of 3 march, 1803, vol. 6, p. 315, c. 93, the cause was brought up again by writ of error, and was .....
Tag this Judgment!Court : US Supreme Court
..... they had left that subject to the existing regulations of the several states. the united states has a statute, entitled 'an act for regulating page 11 u. s. 556 processes in the courts of the united states,' in which, section 2d, volume 2d, laws of united states, page 103, it is enacted" "that the form of writs, executions ..... and other processes, except their style, and the forms and modes of proceeding in suits at common law, shall be the same as are now used in the said courts respectively, in pursuance of the act, entitled 'an act to ..... but according to the established usage and received opinions of that state, the officer was sanctioned in taking the person of the defendant into actual custody -- and the 56th section of the collection law of march 2, 1799, expressly authorizes a demand of bail. detention therefore, until bail was given, was strictly authorized by law, and the .....
Tag this Judgment!Court : US Supreme Court
..... requires a court to declare, in penal cases, that to be actually done which ought previously to have been done. perhaps as to grants under the 4th sec. where entries under the act of 1782, ch. 33, it might not be too much to hold, that such grants conveyed no more than the title of the commonwealth, exactly in ..... for which quit-rents, page 11 u. s. 611 the inhabitants of the northern neck shall be exonerated from the future claim of the proprietor. "an act concerning surveyors," oct. 1782, ch. 33, sec. 3, vide id., p. 180. recites that the death of lord fairfax may occasion great inconvenience to those inclined to make entries for vacant lands in ..... are restrained to estates held by british subjects at the times of their respective enactments, and do not extend to estates subsequently acquired. the next act is that of 1782, ch. 8, the 24th sec., after reciting that "since the death of the late proprietor of the northern neck, there is reason to suppose that the said proprietorship hath .....
Tag this Judgment!Court : US Supreme Court
..... . s. 390 by the captors as being and bearing enemy property and also by the united states for a breach of the nonintercourse acts. the claimants made application to the secretary of the treasury, and he, under the act of january 2, 1913, "directing the secretary of the treasury to remit fines, forfeitures, and penalties, in certain cases," remitted the forfeitures and .....
Tag this Judgment!Court : US Supreme Court
..... controls the instructions given by the president on 28 august, 1812, and limits the operation of those instructions to the specific cases described by congress, and as that act protects only those importations which were made previous to its passage, it has been argued that the president's instructions can go no further. independent of the war ..... and directing him absolutely to remit all penalties and forfeitures incurred by violating the nonintercourse laws, in all cases of importation made before the passage of the act, in american vessels, provided the goods were the property of citizens of the united states and the vessels departed from any port of the united kingdom of ..... to the departure of the vessel. they do not extend to the time of its arrival. in this respect there is nothing to be explained. consequently the act of congress can furnish no aid in their construction. that the instructions were intended to protect from capture all vessels which had sailed in that confidence which .....
Tag this Judgment!