Court : US Supreme Court
..... though, undoubtedly, there are cases where the construction of the words must be such, as to prevent more injury being done than was intended. the navigation act of england says, that goods imported as merchandize shall be forfeited, if they do not pay a certain duty; and the case in strange 943. is a seizure of shirts, nightgowns, ..... ; but the truth is, that every other penalty having proved ineffectual, this statute was enacted expressly to suppradd the forfeiture of the vessel or boat from which the goods should be clandestinely unladed. but here it is remarked, that the page 1 u.s. 197, 203 legislature has changed its language, and therefore it has changed ..... the circumstance might not be communicated to the captain; and who (as several witnesses proved) after his arrival at philadelphia, had treated with several persons for the sale of porter, repeatedly informing them that it was his private adventure, and that the owners of the vessel had not a bottle on board. when the hampers were .....
Tag this Judgment!Court : US Supreme Court
..... accordingly.' sect. 3. prescribes the notice (i.e. a summons and copy of the declaration) to be given to the agent &c.; of the debtor, in case no goods appear, which being duly served and returned, is made sufficient to bring forward a trial, without further summons, 'unless the principal page 1 u.s. 261, 264 be an ..... sect. 2. 'it shall and may be lawful for any persons entitled to any action &c.; against any person absconding or absent out of this province to cause the goods and estate of such absconding or absent person to be attached in whose hands soever the same are or may be found: and the attaching any part thereof shall secure ..... opinion, that it is examinable in the present action. [264-continued.] bryan, justice. by the very words of the massachusetts act, it is declared, that the judgment and execution in a foreign attachment, shall only go against the goods attached. atlee, justice. concurred. by the court: the judgment obtained in the court of the state of massachusetts, in a .....
Tag this Judgment!Court : US Supreme Court
..... being proved by two, or more, credible witnesses, upon their solemn affirmation, or by two or more credible witnesses, under any other legal qualification, shall be good and available in law;' the same number of witnesses being necessary to the probate, whatever may be the form of attestation. this construction is perfectly conformable to the ..... be repealed by word of mouth only, nor shall any nuncupative will be established, but upon the testimony of two, or more, witnesses? sect. 3. this act then, must have proceeded upon the well known principles and decisions respecting probates; and the construction ought to be such, that no word should be rendered void, ..... , being thus incontrlvertibly established in that country, from which we have, in general, copied the principles, and practice of jurisprudence, it will appear by various acts of the legislature, antecedent to the passing of the law in question, and even by the original stipulations in england, that the necessity of two witnesses to .....
Tag this Judgment!Court : US Supreme Court
..... his own name on a promise to pay to him. lev. 188. 1 vent. 318. 332. 2 black. rep. term. rep. he then insisted, that the sale and delivery were a good assignment without writing; which is not necessary to a contract, otherwise than as evidence of it; 3 burr. 1670. and, he contended, that there was a sufficient consideration ..... upon the instrument itself, is confined to jefferow, or his order; and it would, indeed, be confined to jefferow himself, as a chose in action, if the act of parliament, or act of assembly, did not enable an assignee to sue in his own name. page 1 u.s. 369, 371 there must then be some collateral matter, some injury ..... , hath not paid unto the said nicholas, &c.;' [369-continued.] the question was, whether the plaintiff could maintain the present suit in his own name, upon the mere sale and delivery of the note, without any indorsement or assignment from jefferow to him? sergeant, for the defendant, having premised, that, if there was a consideration, it was immaterial .....
Tag this Judgment!Court : US Supreme Court
..... for which the action was brought, had been paid to hall in maryland, on account of goods sold and delivered upon a commission as the partner of millar; but that the original agreement under which they acted in the sale of those goods was executed in philadelphia, and that the proceeds belonged to merchants residing in pennsylvania, where, ..... having considered the principles of the law of nations, and the reciprocal obligation of the states under the articles of confederation, we are of opinion, that the act of assembly by which the defendant has been discharged, must be considered as a general bankrupt law, made for general purposes, and equally advantageous to all his ..... territorial force, no coercive operation; but by the consent of nations, they acquire an influence and obligation, and, in many instances, become conclusive throughout the world. acts of pardon, marriage, and divorce, made in one country, are received and binding in all countries. in the state of delaware there is a law, a .....
Tag this Judgment!Court : US Supreme Court
..... heirs, or assigns, shall and will at his and their own expense, within one year from the date thereof, erect, build, and finish, on the hereby granted lot, one good substantial dwelling house, at least 16 feet square and two stories high, with a cellar under the same walled up with brick or stone and shall and will from time ..... ; and thus, as the grantor of a rent-charge can never be exonerated, or even safe in the disposal of the estate from which it issues, the restraints on sales and transfers will become daily more numerous, and more injurious to the public welfare. millegan, for the plaintiff, observed, that as the first point was matter of mere construction ..... covenant, when founded upon an express covenant, lies not upon the privity of estate, but privity of contract, which cannot by the assignment of the premises, or by any act of the lessee, or by acceptance of the rent, be transferred from him. the covenant, however, must be an express covenant, not an implied one, or a covenant .....
Tag this Judgment!Court : US Supreme Court
..... law, which enacts, 'that every creditor having security for his debt by judgment, speciality, or other security, whereof there is no execution served and executed upon the lands, goods, and estate, of the bankrupt before such time as he shall become a bankrupt, shall not be relieved upon any such judgment, &c; for any more than a rateable ..... 1. peere wms. 737. the principle of that case, so far as respects the present purpose, is this, that where there is a prior judgment, and afterwards a sale of the land, and then a bankruptcy, the purchaser holds the land subject to the prior lien, which must be for this plain reason, that in that case there ..... no lien against the assignees of the bankrupt, or the general creditors under the commission; but contended, that, unless it was for the general benefit, no construction of the act of assembly should be made to divest the lien which the priority of musgrove's judgment had obtained: a lien, they insisted, clearly binding as to a purchasor, and .....
Tag this Judgment!Court : US Supreme Court
..... case stands, the court will do justice and support right. if a father conveys to a child for love and affection, though this will not be good as a bargain and sale, it is good in equity as a covenant to stand seized to uses. 3 eq. ca. abr. 482. pl. 19. see how far a deed operates against ..... void to all intents and purposes, any law, custom, or usage, to the contrary thereof notwithstanding;' and, yet, as no legislature could mean to make a man's act void against himself, the mischief, which was the impoverishing their successors, has always been deemed sufficiently suppressed by vacating longer leases after the death of the grantors, but the ..... after the date thereof, where such lands lie, as herein before directed for other deeds:' and upon the construction of this clause the present case depends. by a subsequent act of assembly, indeed, the neglect or omission to record an absolute conveyance within six months, makes it only void against a subsequent purchasor, or mortgagee, for a valuable .....
Tag this Judgment!Court : US Supreme Court
..... and the unecessary dismemberment of the real estate. the power given to the orphan's court by this act is very great, and ought to be discreetly exercised; but when the sale is made under their order, it is certainly a good one. the administrator is vested with as complete a power to sell the specified part of the real ..... the clear yearly profits will pay the debt in seven years, the land shall be delivered to the plaintiff upon a reasonable extent. under these acts the real estates of debtors have been held liable to sale by execution, whether they be living, or dead; if living, under a judgment and execution against themselves; if dead, under a judgment ..... bound to contribute? i. in order to solve the first question, it will be necessary to take into view the several acts of assembly which subject lands to the payment of debts. the act of 1700 subjects all lands of debtors to sale on judgment and execution against them, their heirs, executors, or administrators. page 1 u.s. 481, 482 the .....
Tag this Judgment!Court : US Supreme Court
..... book, in which deeds and mortgages had been before recorded, and by the former officer; of which too the defendant's subsequent judgment creditor and purchasor at the sheriff's sale, had previous notice. 3rdly, because it appears from the evidence of the recorder of deeds, that, for the city and county of philadelphia only, there had been three hundred deeds ..... 4 and 5. w. and m. c. 20. enacts, that, unless a judgment is docqueted, it shall not affect purchasors; yet judgments have been held good, in a variety of cases, contrary to the letter of the act: 2 eq. ca. abr. 684. and equity will supply a defect in a mortgage. 1 eq. ca. abr. 320. the authorities cited in levinz ..... said purchase made by g. a. baker, was indebted to the said g. a. baker, by judgment entered in the common pleas of the said county, prior to the aforesaid sale by the sheriff, and to the plaintiff's judgment against the defendant. and that g. a. baker knew of the said mortgage before the contracting of the said debt to .....
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