Court : US Supreme Court
Decided on : Jan-01-1853
Foley v. Harrison - 56 U.S. 433 (1853) U.S. Supreme Court Foley v. Harrison, 56 U.S. 15 How. 433 433 (1853) Foley v. Harrison 56 U.S. (15 How.) 433 ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus In 1841, Congress passed an Act, 5 Stat. 455, declaring that there shall be granted to each state &c.;, Louisiana being one, five hundred thousand acres of land. This act did not convey the fee to any lands whatever, but left the land system of the United States in full operation as to regulation of titles so as to prevent conflicting entries. Hence, where a plaintiff claimed under a patent from the State of Louisiana, and entries only in the United States office, and the defendant claimed under patents from the United States, the title of the latter is the better in a petitory action. The defendant has also the superior equity, because his entries were prior in time to those of the plaintiff, and the decision of a board, consisting of the Secretary of the Treasury, t...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1853
Carroll v. Lessee of Carroll - 57 U.S. 275 (1853) U.S. Supreme Court Carroll v. Lessee of Carroll, 57 U.S. 16 How. 275 275 (1853) Carroll v. Lessee of Carroll 57 U.S. (16 How.) 275 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND Syllabus By the common law of Maryland, lands of which the testator was not seized at the time of making his will could not be devised thereby. In 1850, the legislature passed the following act: "Sec. 1. Be it enacted &c.;, that every last will and testament executed in due form of law, after the first day of June next, shall be construed with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed on the day of the death of the testator or testatrix, unless a contrary intention shall appear by the will." "Sec. 2. That the provisions of this act shall not apply to any will executed before the passage of this act by any person who may die before the first day o...
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