Court : US Supreme Court
..... to that of mr. coates; but no writs of ca. sa. were ever issued out thereon. 'the sheriff has paid sundry prior judgments out of the proceeds of the sales; and there remains in his hands, or within his power, the sum of 8866 dollars and 17 cents, including the balance of 1869 dollars, which the purchasers have retained ..... the 12th day of july 1798, certain messuages, &c.; were sold by the sheriff, by virtue of the said execution, for 13,320 dollars. 'the purchasers at these sales were themselves, judgment creditors of the said thomas ruston. the sum of 11,451 dollars was paid on account of the purchases, before the discharge of dr. ruston; and the ..... other persons shall be answerable for the same, in the same manner as before the passing of this act, and all mortgages, judgments and executions, whereby the goods and chattels, lands and tenements of the said debtor shall be bound, shall remain good and effectual in law, and shall be first satisfied out of the debtor's estate, according to their .....
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..... and costs. the district judge, hobart, decreed one-half of the gross amount of sales of ship and cargo, page 4 u.s. 34, 35 without deduction, (a sale having been made by consent) to be paid to the re-captors, in the proportions directed by the act of congress for the government of the navy; and the other half, deducting all costs ..... amelia sailed from calcutta, in bengal, in the month of april 1799, loaded with a cargo of the produce and manufactory of that country, consisting of cotton, sugars, and dry goods, in bales, and was bound to hamburgh. on the sixth of september in the same year the same was captured, whilst in the pursuit of her said voyage, by the ..... points of the discussion were these: 1st. whether the amelia could be considered, at the time of the re- capture, as a french armed vessel, within the meaning of the act of congress, which authorises the seizure of french armed vessels? 4 vol. p. 2d. whether captain talbot was authorised to make a re-capture, the amelia belonging to a .....
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..... prevented from making a settlement on a tract of land, containing _____ situate, &c.; _____ conformable to the proviso, contained in the 9th section of the act, entitled 'an act for the sale of vacant lands within this commonwealth,' passed the third day of april, 1792, by force of arms of the enemies of the united states; and that he ..... within two years, if not prevented by enemies; and in that case dispending with the condition of settlement and residence, and declaring that the title shall be then good, and as effectual, as if the settlement had been made and continued: i cannot conceive they could mean to exact that settlement at any future indefinite time. and ..... fixes his residence as near the spot, as he can, consistently with his personal safety, does the warrantee lose all pretensions of equity? or, suppose he has the good fortune to continue there, firmly adhering to the soil, for two or three years, during the indian hostilities; but is, at length, compelled to remove by a superior .....
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..... in the coasting trade and fisheries. the provisions of the section are salutary, and were made to guard against frauds upon the revenue in the transportation of goods of foreign growth or manufacture across the several states. public policy, national purposes, and the regular operations of government require that the revenue system should be ..... collector of the port of baltimore, and that no notice was given to the collector of the port of philadelphia. that the watches were publicly offered for sale, next door to the custom house, in the city of philadelphia with a number of other articles; and were afterwards seized as forfeited. that the watches ..... the said attorney prosecuting as aforesaid prays the advice of the court upon the premises, and due process. . . ." this information was founded on the act of congress entitled "an act for enrolling and licensing ships, or vessels to be employed in the coasting trade and fisheries, and for regulating the same," 2 vol. 168, and particularly .....
Tag this Judgment!Court : US Supreme Court
..... from the subsequent repeal. in the 9th section, it is said that all the money accruing, "or which has already accrued from the sale of prizes," shall constitute a fund for the half pay of officers and seamen. now at the time of making this appropriation, no ..... paid without any deduction whatsoever. . . ." and by the 9th section of the same act it is declared, "that all the money accruing or which has already accrued from the sale of prizes shall be and remain forever a fund for the payment of the half pay to ..... , one-eighth part of the value of such vessel, goods, and effects, free from all deduction and expenses." by an act of 2 march, 1799, 4 vol. 472, it is declared "that for the ships or goods belonging to the citizens of the united states or to the ..... congress: by an act of 28 june, 1798, 4 vol. 154, s. 2, it is declared "that whenever any vessel the property of or employed by any citizen of the united states or person resident therein or any goods or effects belonging to any such citizen or .....
Tag this Judgment!Court : US Supreme Court
..... effectually to protect the commerce and coasts of the united states." this authorizes the condemnation of vessels brought in under the first act, with their cargoes, excepting only from such condemnation the goods of any citizen or person resident page 5 u. s. 30 within the united states which shall have been before taken by the crew of ..... nor more than one-half of the value of such recapture, without any deduction. the seventh section of the act for the government of the navy, passed 2 march, 1799, enacts "that for the ships or goods belonging to the citizens of the united states or to the citizens or subjects of any nation in amity with ..... to the regulation. although no right of recapture is given in terms for the vessels and goods belonging to persons residing within the united states not being citizens, yet an act, passed so early as 28 june, 1798, declares that vessels and goods of this description, when recaptured, shall be restored on paying salvage, thereby plainly indicating that .....
Tag this Judgment!Court : US Supreme Court
..... the thing why an execution should not be levied on money. that given in the books, viz., that it cannot be sold, seems not to be a good one. the reason of a sale is that money only will satisfy the execution, and if anything else be taken, it must be turned into money; but surely that the means of converting the ..... assembly concerning executions has also been relied on as showing that only such articles can be taken as may be sold. but the provisions of the act can only be considered as regulating the sale of such articles as in their nature require to be sold, and not as exempting page 5 u. s. 134 from execution such property as need ..... justice marshall delivered the opinion of the court. this was a motion made by the defendant in error against the now plaintiff in the circuit court at alexandria under an act of the virginia assembly which declares that "if any sheriff, undersheriff, or other officer shall make return on any writ of fieri facias or venditioni exponas that he hath levied .....
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..... had the purchaser of the first warrant been negligent enough to hold it up until the whole land was appropriated, the title of every subsequent purchaser would have been good against him, and he would have been page 5 u. s. 96 without remedy. the original purchase of a warrant then creating only a general claim which gave ..... opinion this court may entertain of its import, without deriving any aid from the decisions of the state tribunals. in 1779, virginia opened a land office for the sale of an extensive unsettled and almost unexplored country, the motives for which are stated in the preamble of the statute to have been "to encourage the migration of ..... the omitted circumstance, since the property was vested by a distinct clause. by a reference to the words themselves it will be perceived that the expression of the act of parliament is such as might perhaps warrant this opinion. the property is completely vested before the direction concerning the date of the publication is given, and lord .....
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..... states. the fourth article of the convention provides that "property captured and not yet definitively condemned or which may be captured before the exchange of ratifications (contraband goods destined to an enemy's port excepted) shall be mutually restored. this article shall take effect from the date of the signature of the present convention. and ..... other construction, the word "definitive" would be rendered useless and inoperative. vessels are seldom if ever condemned but by a final sentence. an interlocutory order for a sale is not a condemnation. a stipulation, then, for the restoration of vessels not yet condemned would, on this construction, comprehend as many cases as a stipulation for ..... a treaty affects the rights of parties litigating in court, the treaty as much binds those rights, and is as much regarded by the court as an act of congress. it is true that in mere private cases between individuals, a court will and ought to struggle hard against a construction which will, by a .....
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..... receive the rent of the premises, during that, or any other, period. but, if the trustees, either as to the sale, or the distribution, were guilty of any laches, or irregularity, they might be controuled under the act of 1774. 1 state laws, 690. dall. edit. again: it is urged, that the possession was not changed. we ..... the contrary is proved, is, that it remained with the trustees, from the time of the delivery; that the deed was recorded within six months, and thereby became good, even against a purchaser; and that there is no evidence, or suggestion, that the plaintiff in error lost any opportunity of recovering his debt, by the transactions respecting ..... it is within the statute: but a deed made upon a principle of equal justice to all creditors, however it may intercept the views of a particular creditor, is good, in law, equity, and conscience. i cannot persuade myself to think, that a deed formally made, with such honourable views, can be destroyed by the extrinsic considerations .....
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