Court : US Supreme Court
..... to preclude the defendant from availing himself of the benefit of that evidence which would have sustained an action for the same property by the person from whom he purchased it, would be to convert a good and valid title in virginia, into a defeasible title in tennessee; a sufficient title in a vendor, into a defeasible title in his vendee; and, by an indirect operation, to make the seller liable, where ..... , from whom they purchased, and to maintain, that although that title was only derived to him by implication under the limitation acts of virginia, it was sufficient not only to make out a defense by pleading, but by giving such facts in evidence as would be a good defense on a plea of the statute of limitations, if the suit were instituted in the state of virginia, or to maintain detinue in ..... the defendants below plead non detinet and the act of limitations of the state of tennessee, which bars the action of detinue in three ..... we do not mean to intimate an opinion on the construction of the acts of 1757 and 1758 on this subject; but only to treat it as a decided point upon the construction of those statutes, that a parol gift of slaves made in virginia, even where the possession passed, between the years ..... the declaratory act of december 31, 1787, we regard as a new enactment, taking effect from its date, as a repeal of the prior acts in those page 24 u. ..... is obvious that without a more particular report of that adjudication, this court could not now act finally upon its authority. .....
Tag this Judgment!Court : US Supreme Court
..... find from the whole evidence that the deed was executed for the intent and purpose aforementioned, and that the preferred creditors accepted the agency of the said marbury and adopted his act in procuring and accepting said deed, it is competent to the jury to infer a notice, either actual or constructive, to the said preferred creditors through their said agent of the illegal consideration, intent, and ..... the preferred creditors named in the said deed or any other creditors of the said fitzhugh had not accepted or claimed any benefit under it, and that the same remained the mere act of marbury and fitzhugh, without any participation before or after on the part of the preferred or other creditors of the said fitzhugh, then the said deed was fraudulent and void as against the ..... but, the distinction between a declaration that a third person, a mere volunteer, claiming under a deed fraudulently obtained by a person acting for his interests, can be reached by a court of equity though such volunteer had "no personal interference in the transaction," and a declaration that every person claiming under such a deed for a valuable consideration, though entirely untainted by the fraud, and unconnected with those concerned in it, must necessarily lose his property is too obvious ..... on the part of the creditors or of any person acting for them or by their authority, is unexceptionably ..... agent of fitzhugh to perform an act for him which his situation disabled him from performing in person. .....
Tag this Judgment!Court : US Supreme Court
..... defendant, he, the defendant, could not change the nature of his possession, but that the same would operate for rowan's benefit to perfect his title under the statute of limitations as against the plaintiff and persons claiming under adversary grants, and that if the defendant's possession had perfected rowan's title, and made it a better title than the plaintiff's, then, the defendant having shown a better outstanding title, the plaintiff ..... 43, peaceable possession for seven years by any person under a grant or deed of conveyance founded upon a grant gives a complete title to the person who has the possession, and all persons who neglect for that period to prosecute their claims are declared to be forever barred. ..... by the 4th section of the act of the state of tennessee passed in the year 1797, ch. ..... 4, peaceable and uninterrupted possession claiming to hold the land adverse to the claims of all other persons for seven years under a grant or deed of conveyance founded upon a grant gives a complete title to the person who has the possession. mr. ..... all these possessions being founded on grants, are protected by the act of limitations, the provisions of which are too plain to be misunderstood. ..... , that piles had peaceable and uninterrupted possession of all the settlements made by him comprehended within the lines of the plaintiff's grant, and claimed to hold the same as his own, adverse to the claims of all persons whatever. .....
Tag this Judgment!Court : US Supreme Court
..... the captain appears to have acted as if he had received a clearance on a general voyage to yarmouth, whereas, it is obvious that the collector of ipswich acted under a sense of the impropriety of giving a clearance that would leave the terminus of the voyage so void of precision. ..... we are therefore of opinion that the act on which the collector relies justified the seizure; that there is error in the judgment of the court of massachusetts; that page 24 u. s. ..... otis, in the capacity of collector of the district of barnstable, had, in the year 1808, seized and detained the vessel and cargo under the provisions of the embargo act of 25 april in that year. ..... ) 192 error to the supreme judicial court of massachusetts syllabus under the embargo act of 25 april, 1808, ch. ..... 's wharf or bass river, they should have been explicit, and absurd and repugnant to the geography of the country and the common sense of mankind, as the fact would have been, we must have submitted to it or refused to act upon it. .....
Tag this Judgment!Court : US Supreme Court
..... plaintiffs gave in evidence to the jury the bond, with its condition, and swartwout's settled account, duly certified from the treasury department, and the defendant gave in evidence a letter from the secretary of the navy to robert swartwout, dated 25 february, 1819; two commissions to swartwout as navy agent, the one dated 16 october, 1818, and the other 30 november, 1818, and the following letter, dated 18 december, 1823, from mr. ..... the 10th section enacts "that nothing in this act contained shall be construed to take away or impair any right or remedy which the united states now have, by law, for the recovery of taxes, debts, or demands. ..... the suit was founded on the official bond of robert swartwout as navy agent, and with whom the defendant had become bound as one of his sureties. ..... " secondly, "that the defendant was not responsible for any deficiency of public money reported on by the account officers of the united states, subsequent to 30 november, 1822, when it appeared in evidence that the appointment of robert swartwout, as navy agent, expired by its legal termination. ..... " "it has been recommended by the navy department to allow this time, and i have, accordingly, instead of three years, as intimated to you some time ago, determined to allow him seven years, provided the first mortgagee will pledge himself in writing, not to molest ..... nicoll, was not responsible for any defalcation that took place on the part of robert swartwout as navy agent subsequent to page 25 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... a proceeding for condemnation upon captures made by the public ships of war of the united states, whether the same be cases of prize, strictly jure belli, or upon public acts in the nature of captures jure belli, the proceedings are in the name and authority of the united states, who prosecutes for itself as well as for the captors. ..... a printed note on the back of the commission, signed by juan dios robiou, lieutenant in the national navy, and captain of the port of porto rico, dated on the 5th of february, 1822, renewed the commission in favor of llanger, as captain of the palmyra, for a new cruise of three months, it having been originally ..... at the bar were well founded, there could never be a judgment of condemnation pronounced against any vessel coming within the prohibitions of the acts on which the present libel is founded, for there is no act of congress which provides for the personal punishment of offender, who commit "any piratical aggression, search, restraint, depredation or seizure" within the meaning of those acts. ..... the second section of the former act authorizes the president "to instruct the commanders of public armed vessels of the united states to seize, subdue, and send into any port of the united states any armed vessel or boat or any vessel ..... " the fourth section declares "that whenever any vessel or boat from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made shall be captured and brought into any .....
Tag this Judgment!Court : US Supreme Court
..... it is to this effect -- that the principle to be drawn from all the cases is that if a person have peculiar means of knowing a fact and make a declaration of that fact which is against his interest, it is clearly evidence after his death if he could have been examined to it in his lifetime. ..... for, a concern being represented in the person of anyone of its members, the use of the pronoun of the second person is naturally suggested, and familiarly resorted to when we address ourselves to an individual of the concern. ..... the question was whether this precluded the surety from his plea of the act of limitations of that state made in favor of executors. ..... but this liability might have been proved by a confession in writing, or even by parol, after his death, if not before; then why not by the more solemn act of confessing it of record? .....
Tag this Judgment!Court : US Supreme Court
..... if, in transactions between individuals where a deed is without a subscribing witness, proof of the signature of the maker, accompanied with the facts that the instrument has passed out of his hands, and is in the possession of the person for whose benefit it was made, be prima facie evidence of its delivery, it is because delivery by mere manual tradition, without witnesses, is good, and the assertion of title under it is proof of acceptance because that requires ..... first place, we may advert to the known fact that a charter may be presumed to have been given to persons who have long acted as a corporation and assumed the exercise of the powers of a corporate body, whether of an ordinary or extraordinary nature ..... it proceeds to enact in the 7th section that the subscribers to the said bank of the united states, their successors and assigns, shall be and hereby are created a corporation and body politic by the name and style of "the president, ..... the charter in the first section declares that a bank of the united states of america shall be established, with a capital of $35,000,000, of which $7,000,000 shall be subscribed by the united states, and the residue by individuals ..... the 23d section subjects the books of the corporation to the inspection of a committee of either ..... the 10th section empowers the directors, for the time being, page ..... the 8th section empowers the stockholders to choose directors for the management of their affairs, but does not require that the election shall be .....
Tag this Judgment!Court : US Supreme Court
..... on a plenary proceeding, if either party shall require it, the court will direct an issue or issues to be made up and sent to a court of law to be tried, and any person conceiving himself aggrieved by any judgment, decree, decision, or order may appeal to the court of chancery or to a court of law, and in maryland the decision of the court, to which the appeal is made is final. ..... the supreme court of the united states has jurisdiction of appeals from the orphans' court, through the circuit court for the county of washington by virtue of the act of congress of february 13, 1801, and by the act of congress subsequently passed, the matter in dispute exclusive of costs, must exceed the value of $1,000 in order to en title the party to an appeal. ..... but in the case under consideration, this court has jurisdiction by virtue of the act of congress of february, 1801, by which the circuit court for the district of columbia was created, which provides that "any final judgment, order, or decree in the said circuit court wherein the matter in dispute, exclusive of ..... upon a just construction of this act it was obviously the intention of the legislature that the decision of the orphans' court should be final and conclusive, and such is the opinion of this court. ..... the last general act upon the subject is that passed in the year 1798, ch. ..... " by an act of congress subsequently passed, the matter in dispute, exclusive of costs, must exceed the value of $1,000 in order to entitle the party to an appeal .....
Tag this Judgment!Court : US Supreme Court
..... upon a deed said to have been lost, but which had never been formally executed to convey the real estate, and upon a receipt of the purchase money binding the party to convey the estate, the person alleged to have executed the lost deed, and who gave the receipt should have been made a party to the proceeding, although he had subsequently, by a legal and formal conveyance, duly executed, conveyed the estate ..... guthrie, 9 cranch 25, this court declared the general rule to be that "regularly, the claimants who have an equitable title ought to make those whose title they assert, as well as the person for whom they claim a page 26 u. s. ..... it might not be necessary to require him to do any act, but it would be indispensable to decide against him the invalidity of his obligation to convey, and overrule such defense as he might make, and if the purchase money had not been paid, to provide by the decree for its .....
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