Court : US Supreme Court
..... [ footnote 5 ] see blarkett v. lowes, 2 m. & selw. 494. [ footnote 6 ] see 1 starkie's evidence 32, 35, second london edition; 1 phillips on evidence ch. 7, sec. 7, 178, 192; morewood v. wood, 14 east 327, note. [ footnote 7 ] cited in 1 phillips on evidence ch. 8, page 213, note [230 note]; 1 starkie's evidence 187 ..... or tradition applies must be of a public nature; secondly, if the reputation or tradition relate to the exercise of a right or privilege, it must be supported by acts of enjoyment or privilege within the period of living memory; thirdly, that it must not be reputation or traditionary declarations to a particular fact. [ footnote 6 ] page 35 ..... qualified to be in furtherance of a common public right unless the evidence of general reputation were admissible to explain the intention and objects of the parties in those acts or that possession or assertion of title -- that is to say whether done in furtherance of a common right or of a private right. kincaid had been examined .....
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..... effect upon the plaintiffs' right to the soil and freehold of the streets. but only decide that such right, if it exists, is not barred by the first section of the act. 3. upon the third point, the law in massachusetts is well settled that where a mere easement is taken for a public highway, the soil and freehold ..... the united states, under and by virtue of the term 'appurtenances.'" the right of the plaintiffs to the freehold of the streets is not barred by the first section of the act of the legislature of massachusetts of 30 october, 1781. the law in massachusetts is well settled that where a mere easement is taken for a public highway, ..... circumstances as to be rendered unable, without the assistance and encouragement of the public, to carry said plan into execution," "sec. 9. be it further enacted by the authority aforesaid that from and after the passing of this act, there shall be allowed and paid out of the public treasury of this commonwealth to the honorable nathaniel gorham, esq., .....
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..... to be determined by the court. as to the instructions asked by the defendant and the petitioners relative to the petitioners' being comprehended within the incapacity of the section of the act of maryland just recited, both, we think, were rightly given by the court. that of the defendant was very general, and the court was not obliged ..... other necessaries of life, and did maintain them, then such children are not under the incapacity intended by the law of maryland in the act providing for the manumission of slaves. the section of the act of 1796, 2 maxcy's laws of maryland 360, is as follows: "that where any person or persons possessed of any slave or ..... commence, be not above the age aforesaid, and be able to work and gain a sufficient livelihood and maintenance, according to the true intent and meaning of this act." the act prescribes how such deeds shall be executed, acknowledged, and recorded, and upon a compliance with what is prescribed in those regards, a copy of the record, duly .....
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..... the fair construction of the charge nor the apparent meaning of the court. these circumstances would seem to have been alluded to to show the intention with which the acts previously referred to were done, in which view they were important, especially the uninterrupted payment of taxes on the lot for twenty-four successive years, which is powerful ..... it was competent for the jury to infer these facts -- that he had claimed this lot under color and claim of title from 1804 until 1834; had exercised acts of ownership on and over it during this whole period; that his claim was known to williams and to the plaintiff; was visible, of public notoriety, for twenty ..... actual possession when the property is so situated as not to admit of any permanent useful improvement and the continued claim of the party has been evidenced by public acts of ownership, such as he would exercise over property which he claimed in his own right, and could not exercise over property which he did not claim. punctuation .....
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..... , that he could have had little or no ground to hope for success. his vessel and cargo had been condemned; the portuguese government was in an unsettled state and its finances in the greatest confusion and embarrassment. in his vessel and cargo hammond appears to have lost his entire property, and this very naturally threw him into despondency and induced him ..... his utmost efforts to recover the claim. prior to this period and before the power of attorney was given, allen who was a commission merchant at providence, rhode island, had acted as the agent of hammond in procuring insurances on his vessel and cargo at various times and also in the transaction of other business. commissions were charged by allen as .....
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..... cling to the common law as a cherished inheritance. had congress declared in 1804 what this court did in 1835, or had there been a fifth section to the act of 1828 enacting that the process act of 1792 was in force in louisiana, it may well be imagined what would have been the state of public page 36 u. s. 398 ..... in law, equity and admiralty, and so would not be applicable to louisiana. congress, however, did not leave this matter open to any doubt; the fourth section is peremptory: "that nothing in this act contained shall be construed to extend to any court of the united states which is now established or which may hereafter be established in the state of ..... till altered by the new sovereign." 34 u. s. 9 pet. 747. this principle was recognized by congress by the 11th section of the act of 1804, organizing the government of louisiana; the 4th section of the act of 7 march, and the 9th section of the act of 3 march, 1805. "the laws in force in the said territory at the commencement of this .....
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..... in evidence by the defendant. the plaintiff claimed under the former, the defendant under the latter. that of the plaintiff will be first considered. by the 8th section of the act of 1812, 2 story 1260, the recorder of land titles was invested with the same powers and enjoined to perform the same duties as the board of commissioners ..... to the towns and villages for the support of schools. in order to ascertain what lots were owned or claimed by individuals, the recorder was by the 8th section empowered to act on claims filed before 1 december, 1813, as has been seen, and those before filed and undecided. the time for presenting such claims was further enlarged by ..... reference to livre terrein no. 2, pages 11 and 12, in which the surveys in favor of kiersereau and gamache are recorded." "in 1816, by act of congress of 29 april, 1816, sec. 1, the aforesaid confirmations are ratified." "the plaintiff then gave in evidence a deed of conveyance from augustus gamache, the survivor of the two sons .....
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..... case the complainant shall pay to the defendant his costs, except for special reasons appearing, the court should otherwise decree." the foregoing extract is the twenty-ninth section of an act professedly regulating proceedings in the court of chancery. conflicts of title were unfortunately so numerous that no one knew from whom to buy or take lands with safety ..... the caveat was filed in the supreme court of the district of kentucky, but because the judges were interested in the event, the suit was transferred, pursuant to an act of assembly, to the court of appeals of virginia, where it was pending from 1786 to 1791, when that court, amongst other things, held "that the dormant ..... fee. so this court and the state courts have uniformly and often holden. 10 u. s. 6 cranch 87; 13 u. s. 9 cranch 11. by the act of november, 1781, virginia opened the whole country south of the tennessee river for the satisfaction of military claims, and excluded the location of treasury warrants, and the officers .....
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..... one called northwest and the other the northeast land districts of the state of illinois, and the last mentioned district includes the land in controversy. by the fourth section of said act it is provided that the president shall be authorized, so soon as the survey shall be completed, "to cause to be offered for sale in the manner prescribed ..... . justice barbour delivered the opinion of the court. this is a writ of error to the supreme court of the state of illinois, prosecuted under the 25th section of the judiciary act of 1789. it was an action of ejectment brought by the defendant in error against the plaintiff in error. from an agreed case stated in the record, ..... consequently that the reservation thus made was in legal effect a reservation made by order of the president within the terms of the act of congress. it is argued, however, that by the 4th section of the act of 26 june, 1834, the president was authorized to cause to be sold all the lands in the northeast district of the state .....
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..... 39 u. s. 522 i maintain that the executive power of this nation, headed by the president, and divided into departments in its administration of the finances of the country, acts independently of the courts of justice in paying the public creditors, and that the decision of the secretary of the navy in this case, affirmed by the ..... to decide on the rights of the nation, and of the petitioner seeking justice at its hands? is the country known, that submits the administration of its finances to the courts of justice, or permits them to control the operations of the treasury? what guarantee have the people of this country that the circuit court of ..... privateer pension funds, the receipts and expenditures thereof, the names of the pensioners, and the dates and amount of their respective pensions, with a statement of the act or acts of congress under which the same may be granted, and he shall annually report to congress an abstract showing the condition of these funds in all these particulars .....
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