Court : US Supreme Court
..... had undertaken to direct this proceeding, a question would still arise, whether they had a right to do so? for, the act of assembly, providing for the settlement of claims against the public by order of the executive council, though not in express words, yet, by a necessary implication, must intend a legitimate order, ..... of the preceding act, by which he was appointed; 3 state laws 57. and there, we find, the specific object of his authority to be, the liquidation and settlement of all claims against the commonwealth, 'for services performed, monies advanced, or articles furnished, by order of the legislative, or executive powers, &c.;' in order, therefore, ..... must have a remedy, is a principle of general law, which the legislature of pennsylvania has expressly recognized; directing, by an early act of assembly, the settlement of the accounts of the committee and council of safety; and prescribing in what manner the claims of individuals should be settled and discharged. 2 state laws 144 .....
Tag this Judgment!Court : US Supreme Court
..... the law declares that the buyer shall hold the ands discharged. cas. temp. talb 260. and even if a man purchases for a valuable consideration with notice of a settlement, from one who bought without notice, he shall shelter himself under the first purchasor. 1 atk. 571. the defendant is a bona fide purchasor under an execution, for ..... charge, the plaintiff, upon an implied contract (as well as the tradesmen who were employed, upon an express one) must resort to waters for payment and satisfaction of his demand. this, therefore, brings it to the original question, whether, in this case, a lien exists or not? and the court are clearly of ..... of a party wall is only a personal charge against the second builder, there is no more reason that a subsequent purchasor should be responsible for that, than for the payment of the brickmaker or mason. considering it, therefore, as a lien, it will bind the estate, like a mortgage or judgment; but, considering it as a personal .....
Tag this Judgment!Court : US Supreme Court
..... was actually disbursed. in the year 1797 a sum of about 60,000 dollars was further expended in promoting the same objects, including payments on page 4 u.s. 170, 176 contracts for settlements, and quieting adverse claims. in the year 1798, mills were erected, roads were opened, and other exertions were made, at a ..... and solicitude, universally excited upon this question of forfeiture, that the warrantees could hardly obtain assistance, in the business of settlement and improvement, upon the most liberal terms of participation in the land, or payment of expenses. although these occurrences will sufficiently show the impracticability of settling each particular tract, even since the peace; and ..... who found their preference to lands on their personal labour, as of those who ground it on the payment of money. i know of no other distinctions between these two sets of land-holders, as to actual settlement and residence; than that the claims of the former, must be limited to a single plantaion, and .....
Tag this Judgment!Court : US Supreme Court
..... called 'prevention certificates,' without any other evidence being given of the nature, and circumstances of such prevention, whereby, as is alleged, the conditions of settlement, improvement, and residence, required by the said act, could not be complied with? these questions, in our opinion, exclude an investigation and decision upon ..... performed cy pres, whenever the real terror arising from the enemy has subsided, and he shall honestly persist in his endeavours to make such actual settlement, improvement, and residence, until the conditions are fairly and fully complied with. other instances may be supposed, wherein the principles of prevention may effectually ..... course of waters, or other natural boundaries, distant from any military post, and that the warrantee, after evidencing the fullest intentions of making an actual settlement on the lands applied for, by all the necessary preparation of provisions, implements of husbandry, labourers, cattle, &c.; cannot, with any degree of .....
Tag this Judgment!Court : US Supreme Court
..... and no account current has been raised between the creditor and debtor. 4th. where there has been an unreasonable detention of money, after a demand of payment, or a refusal to come to a settlement. but, he insisted, that there was no authority, in any case, to justify a verdict for interest, beyond the amount of the principal; not even ..... open, running, account. the cases in 1 f. vez. 63, and ridgw. 286. go no farther than to show, that when a sum is ascertained to be due, by settlement, or liquidation, of accounts, interest begins to run. the case in 1 vez. 310, contains, indeed, the strong expression, that interest follows the principal, as a shadow does ..... upon a bond, if the creditor has neglected to demand payment for several years. 14 vin. abr. 460. but, adverting to the peculiar circumstances of the case, lewis .....
Tag this Judgment!Court : US Supreme Court
..... them, first to the new loan of pennsylvania, and afterwards to the general loan of the united states, constituting the funding system, it was traced and ascertained, that the real estate specified in the deed of settlement (which, it is true, was made long after the marriage) had been, in fact, purchased with the actual proceeds of ..... requested that the deed should be laid aside; and he and mrs. stewart joined the other executors in selling and conveying part of the trust property, for the payment of debts, under the power given in the will of 1796. the failure of morris and nicholson's notes (in which general stewart and mr. m'clenachan ..... there is but one exception to the rule, which declares a conveyance so given to be void; namely, where a creditor obtains a preference, by urging his debtor for payment, and threatening him with legal process. the only question, therefore, is a matter of fact, whether murgatroyd, at the execution of the mortgage, contemplated bankruptcy, and meant .....
Tag this Judgment!Court : US Supreme Court
..... said treasurer, &c.; of all the effects and property by him sold at any time before the said time of rendering the same account, and since his last settlement, and shall then immediately pay to the same treasurer the full amount of the said one pound in the hundred pounds upon the same account. and upon any ..... the previous act, the stipulation was tautologous and surplusage; as the duties of the auctioneer (which he was bound to perform) were emphatically to collect the money and make payment to his employers, no revenue being at that time in contemplation. the appointment of the auctioneer, fixes his duties, as does the appointment of a sheriff, &c.; without ..... , supply, or enlarge, the provisions of the act of 1779; and being, in pari materia, must be considered together, in order to ascertain the true meaning of the system. the act of 1780, is the first that contemplates a revenue from sales at auction; but, independent of the provisions to secure the revenue, it continues, in substance, .....
Tag this Judgment!Court : US Supreme Court
..... where the debtor becomes bankrupt? the claim to this preference is founded on the fifth section of the act entitled "an act to provide more effectually for the settlement of accounts between the united states and receivers of public money." the section is in these words: "and be it further enacted that where any revenue officer or ..... degree of influence dependent on the nature of the case to which it is applied. where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such ..... was not hastily or inconsiderately given. the question is has the united states a right in all cases whatever to claim a preference of other creditors in the payment of debts. at the circuit court, the counsel for the united states disclaimed all idea of founding this right upon prerogative principles, and yet, if i am .....
Tag this Judgment!Court : US Supreme Court
..... and, consequently, residence is a condition required from the person who settles under a warrant, as well as from one who entitles himself to a warrant by his settlement. the law, requiring two repugnant and incompatible things, is incapable of receiving a literal construction, and must sustain some change of language to be rendered intelligible. this ..... to his purchase, and if 'any grantee in any such original or succeeding warrant,' who must be considered as contradistinguished from one who had made an actual settlement. persons thus distinctly circumstanced, are brought together in the same sentence, and terms are used appropriated to the situation of each, but not applicable to both. ..... two years, would lead to an opinion, that the part of the description relative to residence, applied to those only who had performed the condition before the payment of the purchase money, and not to those who were to perform it afterwards. but there are subsequent parts of the act, which will not admit of .....
Tag this Judgment!Court : US Supreme Court
..... , and consequently residence is a condition required from the person who settles under a warrant, as well as from one who entitles himself to a warrant by his settlement. the law, requiring two repugnant and incompatible things, is incapable of receiving a literal construction, and must sustain some change of language to be rendered intelligible. this ..... of two years would lead to an opinion that the part of the description relative to residence applied to those only who had performed the condition before the payment of the purchase money, and not to those who were to perform it afterwards. but there are subsequent parts of the act which will not admit of ..... settled and improved according to the provisions of this act, to whosesoever possession they may descend or come, shall be and remain liable and chargeable for the payment of the consideration or purchase money at the rate aforesaid for every hundred acres, and the interest thereon accruing from the dates of such improvements, and if .....
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