Court : US Supreme Court
..... justice marshall. this is an ejectment brought in the circuit court for the district of kentucky by the original patentee against a purchaser at a sale made for nonpayment of the direct tax imposed by the act of congress of page 17 u. s. 78 14 july, 1798, c. 92. after the plaintiff in the circuit court had exhibited his title ..... not been controverted, but the plaintiffs in error contend that a deed executed by a public officer is prima facie evidence that every act which ought to precede that deed had preceded it -- that this conveyance is good unless the party contesting it can show that the officer failed to perform his duty. it is a general principle that the party ..... who sets up a title must furnish the evidence necessary to support it. if the validity of a deed depends on an act in pais, the party claiming under that .....
Tag this Judgment!Court : US Supreme Court
..... 17 u. s. 252 entered at the said custom house there, and not other or different." "and that the same goods and merchandises, at the time of the importation aforesaid, and thence continually, until the sale and delivery thereof in manner aforesaid to the said henry, were in the possession, and subject to the control and disposal of ..... use and benefit thereof unless he would immediately pay or secure to the united states such duties thereon as aforesaid." "whereupon, to prevent the seizure and detention of said goods and merchandises by said collector, and the losses and damages that would have ensued thereon, and that he, the said henry, might, without any lawful interruption or ..... then and ever since collector of the customs of the said united states for the district of penobscot, in which said district the said town of castine is contained, acting under color of the authority page 17 u. s. 251 of the said united states, and of his said office of collector, demanded and required of the said .....
Tag this Judgment!Court : US Supreme Court
..... that of the vendor; but he had relied upon the company. he has mounted up to the source of the equitable title, and is there assured of its goodness. the company can never be permitted to say that, being themselves mistaken, it has imposed innocently upon him, and that therefore it will throw the loss from ..... advantage; this is too plainly expressed to be mistaken. the words "terms, conditions, covenants and exceptions," contained in the certificate, refer chiefly to provisions respecting the sale of lands and to others which recognize the absolute control over the property which each member had ceded to the whole body. it is unnecessary to recite the particular ..... failed to make payment of the purchase money to the georgia mississippi company were bad, and that the parties claiming under them must lose their indemnity under the act of congress. by this award of the commissioners, the claim of the new england mississippi land company for the amount of the share of the plaintiff was .....
Tag this Judgment!Court : US Supreme Court
..... paradise on her body to be begotten, and for the consideration of ten shillings to the said john paradise paid by the said lee and carry, and for divers other good causes and valuable considerations, him, the said john paradise, thereunto moving, he, the said john paradise, covenanted with said lee and carry that if the marriage took effect, ..... common law upon the said bond and to enforce payment thereof, contrary to equity. concluding with the usual prayer for a discovery, &c.;, and for a decree rescinding the sale of lands and that the defendants should be compelled to deliver up the bond to be cancelled, and for further relief, &c.; page 17 u. s. 459 to which ..... said count barziza was also dead. that the said lucy paradise, after the death of the said john paradise, her husband, treated the said lands as her own, exercising acts of ownership over the same, and about the year 1805, returned to virginia, where she died intestate in 1814, being in possession of said lands at her decease and .....
Tag this Judgment!Court : US Supreme Court
..... to many of those laws concerning civil institutions, which must change with circumstances and be modified by ordinary legislation, which deeply concern the public, and which, to preserve good government, the public judgment must control. that even marriage is a contract, and its obligations are affected by the laws respecting divorces. that the clause in the ..... name, a body corporate and politic, and that they, the said body corporate and politic, shall be known and distinguished, in all deeds, grants, bargains, sales, writings, evidences or otherwise howsoever, and in all courts forever hereafter, plea and be impleaded by the name of the trustees of dartmouth college; and that ..... right of acting, under the said letters-patent." "and the said jurors, upon their oath, further say that, on the 7th day of october, a.d. 1816, and before the commencement of this suit, the said trustees of dartmouth college demanded of the said page 17 u. s. 545 william h. woodward the property, goods and chattels .....
Tag this Judgment!Court : US Supreme Court
..... in this cause stated that arnold henry dorhman in 1806 became indebted to the united states in the sum of $6.515.10 for duties upon the importation of certain goods, payable at the custom house in the city of new york. the plaintiff, henry astor, became page 17 u. s. 467 bound with dorhman for the payment of those ..... on 21 february, 1813, nine days after his last deed to wells, who commenced a suit against the heirs of dorhman on 27 august following, and obtained a decree of sale under which he purchased the premises, all which was charged to be fraudulent. the widow and heirs of dorhman, by their answer, admitted all the deeds and answered generally that ..... of a law of the state of ohio. obadiah jennings, who drew the mortgage from dorhman to wells, was fully apprised of the existence of astor's mortgage and acted in concert with dorhman expressly to defeat astor's prior lien and give precedence to wells. the advantage of which they proposed to avail themselves for this purpose was a .....
Tag this Judgment!Court : US Supreme Court
..... and brought into the united states for adjudication as the property of their enemy. the original spanish owner and the prize master from the carthagenian cruiser both claimed the goods. the possession was decreed to be restored to the carthagenian prize master. war having been recognized to exist between spain and her colonies by the government of the ..... by our government to exist between spain and her colonies. this is an appeal to the highest of all tribunals on a question of right. no neutral nation can act against either, without taking part with the other in the war. all that the law of nations requires of us is strict and impartial neutrality. and no friendly ..... brought innocently within our jurisdiction, to leave things as we find them; much more, to restore them to that state from which they have been forcibly removed by the act of our own citizens. the treaty with spain can have no bearing upon the case, as this court cannot recognize such captors as pirates, and the capture was .....
Tag this Judgment!Court : US Supreme Court
..... consideration of the credit given him, he voluntarily relinquished his claims to the ordinary administration of justice and placed himself only in the situation of an hypothecater of goods, with power to sell on default, or a stipulator in the admiralty, whose voluntary submission to the jurisdiction of that court subjects him to personal coercion. it ..... set bounds to the relinquishment of private rights. and this court would ponder long before it would sustain this action if we could be persuaded that the act in question produced a total prostration of the trial by jury, or even involved the defendant in circumstances which rendered that right unavailing for his protection. but ..... district, or whether there are any, and what, restrictions imposed upon it, by natural reason, the principles of the social compact, or constitutional provisions. was this act void, as a law of maryland? if it was, it must have become so under the restrictions of the constitution of the state or of the united states .....
Tag this Judgment!Court : US Supreme Court
..... east tennessee syllabus under the laws of tennessee, where lands are sold by a summary proceeding for the payment of taxes, it is essential to the validity of the sale, and of the deed made thereon that every fact necessary to give the court jurisdiction should appear upon the record. under the statute of limitations of tennessee, the running ..... purchaser of the tract reported to belong to david ross. a question of considerable difficulty arises on the validity of these sales. under the act of 1803, the power of the court to render judgment in such cases for the sale of land is founded on there being no personal property from which the tax might be made. the jurisdiction of the ..... all lands to which the indian claim was extinguished, held by deed, &c.;, to taxes. the 13th section of the act provides that "in case there shall not be any goods or chattels on which the sheriff can distress for public taxes, &c.;, he shall report the same to the court of his county." the court is then directed .....
Tag this Judgment!Court : US Supreme Court
..... , and condemned in any court of the united states having jurisdiction thereof. and the proceeds of all such ships and vessels, their tackle, apparel and furniture, and the goods and effects on board of them which shall be so seized, prosecuted, and condemned shall be divided equally between the united states and the officers and men who shall make ..... was that one hundred and seventy-five persons of color, not being native citizens or registered seamen of the united states or natives of countries beyond the cape of good hope, were landed from said brig in a port or place situate in a state which by law had prohibited the admission or importation as aforesaid, to-wit, ..... to land the same in any port or place within the jurisdiction of the united states contrary to the prohibition of this act, every such ship or vessel, together with her tackle, apparel, and furniture, and the goods or effects which shall be found on board the same, shall be forfeited to the use of the united states and may .....
Tag this Judgment!