Court : US Supreme Court
..... claims, and property of the bankrupt, or those of his assignee, are concerned, because they were matters arising under the act and were necessarily involved in the due administration and settlement of the bankrupt's estate. [ footnote 3 ] so where the bankrupt court ordered the mortgaged premises to be sold and directed that the mortgages should be cancelled and that the ..... courts of louisiana and by some of the proceedings usual in the civil law practice or in the code of the state just named, to subject the land to the payment of his mortgage for $11,666.66. to establish his case, he produced his mortgage and transfer. the other side, to show a discharge of the mortgage, put ..... ." the twentieth section enacts: "when a creditor has a mortgage or pledge of real or personal page 90 u. s. 129 property, or a lien thereon for securing the payment of a debt owing to him from the bankrupt, he shall be admitted as a creditor only for the balance of a debt after deducting the value of such property .....
Tag this Judgment!Court : US Supreme Court
..... a transaction expressly condemned by the statute. it amounts simply to this: the debtor of the bankrupt seeks to protect himself against an admitted debt by pleading a payment or substitution which was in fraud of the bankrupt act, and therefore void. the proposition carries its refutation on its face. fox & howard were indebted to ..... . but that if he satisfied the jury, by the evidence, of all these things, the acceptances of fox & howard were void, and did not amount to payments in the action. under these instructions, the jury found for the assignee the amounts claimed, and fox & howard brought the case here on exceptions to the charge. ..... payment or transfer condemned by the express terms of the bankrupt act cannot protect them. it is to be observed, also, that when the bankruptcy proceedings were begun fox & howard had never, in fact, paid to burrows and his associates the amount of the drafts accepted by them. they had simply promised to pay them, if there should prove upon settlement .....
Tag this Judgment!Court : US Supreme Court
..... the constitution. if it was intended that, under all circumstances, every dollar due from a railroad company should be exacted, and that no settlement should be made, or sale authorized, without payment of the uttermost farthing, it is incredible that the constitution would not have so declared. that such was not the intention is plainly ..... on gross receipts from october, 1864, to october, 1868, and 15 percent thereafter -- upon the pacific railroad and other roads, to be "appropriated to the payment of principal and interest now due, or hereafter to become due upon the bonds of the state, or the bonds guaranteed by the state issued to the aforesaid ..... they belonged in default for what they owed the state -- the state adopted a new constitution and a constitutional ordinance, the latter being entitled "for the payment of state and railroad indebtedness." this constitutional ordinance was adopted in pursuance of a vote taken under a statute, which enacted: "the election shall be by ballot .....
Tag this Judgment!Court : US Supreme Court
..... passengers landed in the city, rendered to the mayor on oath, with a correct description of their names, ages, occupations, places of birth, and of last legal settlement, was a police regulation within the power of the state to enact, and not inconsistent with the constitution of the united states. 2. the result of the passenger ..... this trade and intercourse is to prescribe the rules by which it shall be conducted. "the mind," says the great chief justice, "can scarcely conceive a system for regulating commerce between nations which shall exclude all laws concerning navigation, which shall be silent on the admission of the vessels of one nation into the ports of ..... statements of their last residence and other matters of that character is a proper exercise of state authority and that the requirement of the bond, or the alternative payment of money for each passenger, is void because forbidden by the constitution and laws of the united states. but the passenger cases (so called because a .....
Tag this Judgment!Court : US Supreme Court
..... the act of 1841, in authorizing the state to make selections of land, to interfere with the operation of the other provisions of that act regulating the system of settlement and preemption. the two modes of acquiring title to land from the united states were not in conflict with each other. both were to have full operation, ..... of regulation and disposition conferred upon congress by the constitution only ceased when all the preliminary acts prescribed by law for the acquisition of the title, including the payment of the price of the land, had been performed by the settler. when these prerequisites were complied with, the settler for the first time acquired a ..... purchasers. where the land selected in any instance contained less then three hundred and twenty acres, the governor was required, upon the request of the purchaser and upon payment for the full amount, to relinquish the surplus to the united states. of the certificates thus issued, one was held by william m. mcpherson, and under .....
Tag this Judgment!Court : US Supreme Court
..... explanation. the balance of moneys that may remain in the hands of the receiver, after all proper payments and allowances, will be directed to be paid into the registry of this court for future disposition upon the final settlement and confirmation of the receiver's accounts. the claim of anderson and others remains, as regards the ..... 1853, and after the passage by the state legislature, jan. 6, 1855, of a certain act entitled "an act to provide for and encourage a liberal system of internal improvements in this state," they severally availed themselves of its provisions, and issued bonds which were duly guaranteed by the trustees of the internal improvement fund ..... certain railroad companies, availing themselves of the provisions of an act of the legislature of florida of jan. 10, 1855, to provide for and encourage a liberal system of internal improvements in that state, issued their bonds to the extent of $10,000 per mile, the interest whereon was duly guaranteed by the trustees of the .....
Tag this Judgment!Court : US Supreme Court
..... the rule was not to withdraw them until the road should be actually located. in this way, the ordinary working of the land system was not disturbed. private entries, preemption, and homestead settlements, and reservations for special uses, continued within the supposed limits of the grant, the same as if it had not been made. ..... subsequent removal of existing impediments, such as reservations, contracts of sale, and initiatory steps for acquiring rights of preemption and homestead page 92 u. s. 757 settlement. the question in either case respects the condition of the land at the time the line or route of the road is definitely fixed. if a previous reservation ..... 687. that article is as follows: "the tribe of the great and little osage indians, having now more lands than are necessary for their occupation, and all payments from the government to them under former treaties having ceased, leaving them greatly impoverished, and being desirous of page 92 u. s. 735 improving their condition by .....
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..... treasury and interior, none of which confirmed the survey as valid. finally, without any suggestions shown to come from the united states or its officers, the parties interested in the settlement of the title of carondelet to the remainder of the commons, page 92 u. s. 465 and the authorities of that city, conceiving that, if the title of the united ..... states to that reservation was made good, the main difficulty in the way of this settlement would be removed, the authorities of the city made the deed we have already mentioned, of october, 1854. and accordingly, on the 8th october, 1855, another survey on the basis .....
Tag this Judgment!Court : US Supreme Court
..... by the indians until after the treaty made with the quapaws in 1818, they were considerably frequented by invalids and others as early as 1810 or 1812, but no permanent settlement was made at the place until a number of years afterwards. temporary cabins were erected by visitors, and by those who resorted there to dispose of articles needed by ..... wirt, the then attorney-general, gave it as his opinion that no lands were authorized by law to be sold which had not been publicly surveyed, according to the general system of sections and townships; and as the region in which the hot springs were located was subject to the indian title until 1818, and had never been publicly surveyed, no ..... be filed in the office. if it appeared to the satisfaction of the register and receiver that he was duly entitled, he was allowed to enter the land on payment of one-twentieth of the price, but the entry must be made at least two weeks before the time of the commencement of public sales in the district or the .....
Tag this Judgment!Court : US Supreme Court
..... require a separate instrument of the character executed, its voluntary execution and acceptance by the governor and the subsequent exchange of bonds would seem to be a settlement of the question. the adoption of the constitutional amendment of november, 1860, certainly had the effect to impair the value of the bonds of the state ..... , exorbitant, and uncertain, but the court dismissed the bill for the reason that the enterprise was a public undertaking, requiring for its successful prosecution punctuality of payment from the shareholders. considerations of public policy forbade the granting of relief, for, as the court observed, "if this species of equity is open to the ..... a prompt performance in order to accomplish public or corporate objects, that courts of equity, in case of the noncompliance by stockholders with the terms of payment of their installments of stock at the times prescribed, by which a forfeiture of their shares is incurred under the bylaws of the institution, have refused .....
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