Court : US Supreme Court
..... that he would not, on any terms, make a bargain with alexander, if he should be obliged to go into a court of equity about it, which might be the case if there should be a mortgage; that alexander was well known to be troublesome and found ..... alexander was a bad manager of his estate, was generally needy of money, and not punctual in payment of his debts, though his landed estate was really of ..... afterwards drew a deed of conveyance from the trustees to lyles to carry into effect their trust, and delivered it to lyles to carry to the trustees ..... claims under the residuary clause of robert alexander's ..... reason, the leaning of courts had been against them and doubtful cases have generally been decided to be mortgages. ..... alexander was generally reputed not punctual in paying his debts, and rather too fond of law, and at the time of the contract for the land was confined in jail for a large debt, and sent several times ..... determined to advance no money on any bargain which should make it necessary to go into court to get it back. ..... in other property, made no effort to relieve this, are facts which render the real value, at the time of sale, too doubtful to make the inadequacy of price a circumstance of sufficient weight to convert this deed into a mortgage. ..... 237 acting for themselves, to make a contract for the purchase and sale of lands defeasible by the payment of money at a future day, or, in other words, to make a sale with a reservation to the vendor of a right to repurchase the same land at .....
Tag this Judgment!Court : US Supreme Court
..... of a foreign sovereign with whom the government of the united states is at peace, and having entered an american port open for her reception on the terms on which ships of war are generally permitted to enter the ports of a friendly power, must be considered as having come into the american territory under an implied promise that while necessarily within it and demeaning herself in a friendly manner, she should be exempt from the jurisdiction of the country. ..... such a practice would break down some of the most decisive distinctions between peace and war, and would reduce a nation to the necessity of resisting by war an act not absolutely hostile in its character, or of exposing itself to the stratagems and frauds of a power whose integrity might be doubted, and who might enter the ..... it is for reasons like these that the general license to foreigners to enter the dominions of a friendly power is never understood to extend to a military force, and an army marching into the dominions of another sovereign may justly be considered as committing an act of hostility, and if not opposed by force, acquires no privilege by its irregular and improper ..... that while lawfully and peaceably pursuing her voyage, she was on 30 december, 1810, violently and forcibly taken by certain persons, acting under the decrees and orders of napoleon, emperor of the french, out of the custody of the libellants, and of their captain and agent, and was disposed of by those persons, or some of them, in violation of .....
Tag this Judgment!Court : US Supreme Court
..... 176, sequesters, in the hands of persons holding lands in the northern neck, all quit-rents then due, until the right of descent shall be more fully ascertained, and the general assembly shall make final provision thereon, and all quit-rents thereafter to become due, shall be paid into the public treasury, under the operation of the laws of that session, for which quit-rents, page 11 u. s. ..... hands of the commonwealth of virginia, pursuant to certain acts of assembly concerning escheators, and never to have been the subject of any inquest of office, was contained and included in a certain patent, bearing date 30 april, 1789, under the hand of the then governor, and the seal of the commonwealth of virginia, purporting that the land in question, is granted by the said commonwealth unto david hunter [the lessor of the plaintiff in ejectment] and his heirs forever ..... i am also of opinion that whenever a case is brought up to this court under that section, the title of the parties litigant must necessarily be inquired into, and that such an inquiry must, in the nature of things, precede the consideration how far the law, treaty, and so forth, is applicable to it; otherwise an appeal to this court would be worse than nugatory. ..... the common law therefore ought not to be deemed to be repealed unless the language of a statute be clear and explicit for this purpose. ..... so that the object of this clause was manifestly to give the royal assent to alienations without the claim of any fine therefor. .....
Tag this Judgment!Court : US Supreme Court
..... the decree of 1803 does not except the lands decreed to her for life from its operation, nor is the court informed by the evidence that those lands were not sold under ..... with the exception of this allowance to prove the intention of the testator by other testimony than may be collected from the will itself, the act of the virginia legislature is not understood in any respect to vary the previously existing common law. ..... if the plaintiffs be willing to leave the purchaser undisturbed, to affirm the sales, and to receive a compensation for her dower instead of the land itself, a court of equity ought never, by refusing its aid, to drive her into a court of law and compel her to receive her dower in the lands themselves. ..... the testator then adds the following clause: "if it should so happen that the remaining part of my estate not herein bequeathed should prove insufficient to pay all just demands against my estate, then my will and desire is that my executors shall sell as much of my real ..... according to the practice which prevails generally in england, courts of equity and courts of law exercise a concurrent jurisdiction in ..... it is unnecessary to decide whether in general a person claiming dower from a purchaser can recover profits which accrued previous to the institution of ..... 379 the clause, too, directing the residue of his estate to be sold for the payment of debts is indicative of an expectation that the property stood discharged of dower, and is a complete disposition of his .....
Tag this Judgment!Court : US Supreme Court
..... did instruct the jury that if they should be of opinion that the said baruso settled in new york before the war between spain and great britain, and remained there domiciliated and carrying on trade generally until the capture of the herkimer, he is to be considered as a neutral; but if they should be satisfied from the testimony that he went to new york for no other purpose but to carry on trade as a spanish subject, which he ..... the case was stated as follows by marshall, chief justice, in delivering the opinion of the court: julian hernandez baruso, a spanish subject, having obtained from the crown of spain a license to import from boston into the spanish provinces of peru and buenos ayres in south america in foreign vessels a certain quantity of goods in the license mentioned, and to take back the proceeds in produce on payment of half duties, came to new york, ..... the court was that "no parol evidence is admissible to the jury, or if given, can be regarded by it, to prove the legislative edicts or acts of the spanish government or to prove any usage, custom, or course of trade conformable to such edicts or acts, but that such evidence is admissible to prove the general usage and course of trade that may depend on instructions to the government of peru. ..... sitting here under a clause in the policy which enables us to look behind the sentence of condemnation, we see that the property was really neutral, and if the jury believed the evidence, the concealment was of papers which were .....
Tag this Judgment!Court : US Supreme Court
..... it is contended that since the act of limitations runs against a person beyond sea from the time of his coming into the country, so from analogy it ought to run against a nonresident merchant from the time of his coming, though for a mere temporary purpose, within the country ..... it is so unusual for a legislature to employ itself in framing rules which are to operate only on contracts made without their jurisdiction between persons residing without their jurisdiction that courts can never be justified in putting such a construction on their words if they admit of any other interpretation which is rational and ..... " the third section contains a clause saving to persons within the age of 21 years, feme covert, non compos mentis, imprisoned, or beyond seas, the right of suing within the respective times limited after the removal of their several disabilities. mr ..... it is so unusual for a legislature to employ itself in framing rules which are to operate only on contracts without their jurisdiction that courts can never be justified in putting such a construction upon their words if they admit any other interpretation which is rational and not too much strained ..... to this rejoinder there was a general demurrer and joinder. ..... the rejoinder is founded on the third section of the page 11 u. s. ..... would come within the ..... 353 material part of that act is in these words: "be it enacted that all actions . . ..... these questions depend on the act of limitations passed in 1715 by the legislature of maryland .....
Tag this Judgment!Court : US Supreme Court
..... declared that "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state, and the congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved and the effect thereof. ..... undertake to decide, nor does this case require it, how far the courts of the united states would be bound to carry into effect such judgments, but i am unwilling to be precluded by a technical nicety from exercising our judgment at all upon such ..... a different decision were necessary to give effect to the 1st section 4th article of the constitution and the act of 26 may, 1790, i should not hesitate to yield ..... for by the plaintiff in error to prevail that judgments of the state courts ought to be considered prima facie evidence only, this clause in the constitution would be utterly unimportant and illusory. ..... and the congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved ..... court for the district of columbia in an action of debt upon a judgment of the supreme court of the state of new york, to which the defendant below pleaded nil debet, which plea, upon general demurrer, was adjudged bad. ..... 153, 2, it is declared that the provisions of the original act of 26th may, 1790, shall apply as well to the records and courts of the respective territories of the united states and countries subject to the jurisdiction of the united states as to the records .....
Tag this Judgment!Court : US Supreme Court
..... it also occurred to the legislature that there were other cases than executions where a mittimus, in the sense generally understood, would not only be unnecessary, but improper; hence, the exemption was extended to distress or warrants for ..... the united states, a period of more than twenty years, they have uniformly committed, in cases of attachment, by copy of their writ; we ought then, as the question now comes up for judicial decision, to give the proper effect to the provisions of the two statutes independent of such practical constructions. ..... 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 regulate the processes in the courts ..... 1750 incorporated the latter statute, which had made a distinction between final and mesne process, into the former, can it be supposed that they intended to narrow the grounds of the ..... " "by omitting in the last statute, in the clause requiring a mittimus, the expressions 'arrested by attachment, or any other writ, or any other cause' -- and by adding to the exception, 'an arrest by distress or warrant,' for which a copy only is requested, ..... specifies, other than by the above reference, and the same statute expressly repeals the whole of the act referred to. .....
Tag this Judgment!Court : US Supreme Court
..... a person may be owner for the voyage who, by a contract with the general owner, hires the ship for the voyage and has the exclusive possession, command, and navigation of ..... therefore, to be the settled doctrine that nothing short of a total extinction, either physical or in value, of memorandum articles at an intermediate port would entitle the insured to turn the case into a total loss where the voyage is capable of being performed. ..... the master, who was the general owner, retained the exclusive possession, command, and management of the vessel, and she was navigated at his expense ..... charter party, except the introductory clause, sounds merely in covenant. ..... recent elementary writers, and from its public convenience and certainty has been adopted as the governing principle in some of the most respectable commercial states in the union, and perhaps is now so generally established as not easily to be shaken. ..... but where the general owner retains the possession, command, and navigation of the ship and contracts to carry a cargo on freight for the voyage, the charter party is considered as a mere affreightment sounding in covenant, and the freighter ..... barratry is an act committed by the master or mariners of a ship for some unlawful or fraudulent purpose, contrary to their duty to their owners, whereby the latter sustain ..... barratry is an act committed by the master or mariners of a ship for some unlawful or fraudulent purpose contrary to their duty to their owner whereby the latter sustains .....
Tag this Judgment!Court : US Supreme Court
..... to the united states, for several reasons, 1st, because, by the law of nations, as now understood, no government can lawfully confiscate the debts, credits, or visible property of alien enemies, which have been contracted or come into the country during peace; 2d, because, if the law of nations does not, the common law does afford such immunity from confiscation to property situated like the present; 3d, because if the right to confiscate exist, it can ..... to execute it is supposed already to exist in the president, by the very terms of the constitution, and i would again ask if this general power to confiscate enemies' property does not exist in the executive, to be exercised in his discretion, how is it possible that he can have authority to seize and confiscate any enemies' property coming into the country since the war, or found in the enemies' territory? ..... now consider what in point of law is the operation of the acts of congress made in relation to the present war. ..... indeed, from the language of some authorities, it would seem that the clause was inserted not so much to benefit foreign merchants as to provide a remedy for their own subjects in cases of hostile injuries in ..... considers the question to whom property captured in war belongs -- a question also examined by vattel in the 229th section of the book and chapter above referred to. ..... impossible to doubt the meaning of grotius when the preceding and succeeding sections are taken in connection. ..... in the section cited (book .....
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