Court : US Supreme Court
..... this court gives no opinion as to the title acquired by the possession. ..... the question was whether at the date of that deed wilson had a good title to the slave. .....
Tag this Judgment!Court : US Supreme Court
..... appeared and pleaded that her late husband, daniel course, purchased the land fairly and bona fide at public sale from the tax gatherer for the sum of $552.89, without notice of any claim, title or interest of the complainants in the said land, if any they have. ..... by distress and sale of the goods and chattels, if any be found, otherwise on the land of such defaulter or so much thereof as will pay the amount of the taxes due, with costs, and in all such cases to make titles to purchasers of the property sold as aforesaid. ..... it would be going too far to say that a collector selling land, with or without authority, could, by his conveyance, transfer the title of the rightful proprietor. .....
Tag this Judgment!Court : US Supreme Court
..... the avowry, which sets forth the title under which the distress was made, states a lease for three years certain. .....
Tag this Judgment!Court : US Supreme Court
..... thomas west, too, never having been confirmed by a deed from himself or his heirs, properly recorded, might impose on colin auld the necessity of bringing a suit in chancery to perfect his title, or of being subjected to the inconveniences constantly attending the establishment of a deed not recorded, and the risks inseparable from such a deed ..... specific execution of a contract for the sale of land if he is able to give a good title at the time of the decree; although he bad not a good title at the time when, by the contract, the land ought to have been conveyed. ..... receive a conveyance from hepburn and dundas after the termination of graham's suit, because they were unable to make a good title, the objection would certainly have been entitled to very serious consideration ..... it avers possession ever since 1773, and refers to certain title papers; they say that they verily believe their title to be good, and never heard a doubt till long after the tender of the assignment; that as soon as the objections were made known, they took pains to remove them, and have ..... answer he states that he had requested them to exhibit to him their title papers, which they refused to do, and requires that they should produce them ..... the opinion of the majority of the court that this case ought to be governed by those general principles which regulate the conduct of a court of chancery in decreeing a specific performance, if the defect of title, which existed at the time of contract, be cured before the decree .....
Tag this Judgment!Court : US Supreme Court
..... 116, the prior right of the plaintiff had been absolutely forfeited, so that the defendant had the first title both in equity and law, and the plaintiff's bill was dismissed because he failed to prove the fraud which he alleged and which was, in that case, necessary to give the court jurisdiction ..... the survey under which the plaintiffs claim being prior in point of time, they have the first equitable title, and must prevail unless the objections made to that survey be valid or unless their equity is defeated by the circumstances of the case ..... the principle on which relief is granted is that the patent, which is the consummation of title, does, in equity, relate to the inception of title, and therefore, in a court of equity, the person who has first appropriated the land in contest has the best title unless his equity is impaired by the circumstances of the case. ..... the opinion that this omission on the part of the surveyor avoids the title which accrued under the survey is founded on the 6th section of an act passed in the year 1748 entitled "an act directing the duty of surveyors of ..... the law of this case, then, so far as respects the state of title previous to the emanation of either grant, appears to be with the first survey ..... the 46th section of the act, "for settling the titles and bounds of lands, and for preventing unlawful hunting and ranging," enacts "that every survey of lands intended to be patented shall be made and returned by a sworn surveyor duly commissioned for that .....
Tag this Judgment!Court : US Supreme Court
..... the jurisdiction of a court of equity, and contends not only that the present case furnishes no ground of jurisdiction upon general principles, but that the land law under which both titles originate, in giving a remedy by which rights under entries might be decided previous to the emanation of a patent, has prohibited an examination of the same question after a patent shall have ..... appears to the court that taylor's entry ought to be surveyed, it remains to inquire whether, under the principles which govern a court of equity in affording its aid to an equitable against a legal title, the complainants below ought to recover any and if any what, part of the lands surveyed by taylor, and if any, what terms are to be imposed upon them. ..... crutcher had tibbs land to which the waldens and taylor were entitled, it would seem to the court to furnish no equity to crutcher and tibbs against the legal title which is held by their adversaries, unless they will submit to the condition of restoring the lands they have gained by the inadvertence of which they complain. ..... right acquired by an entry is a legal right, because it is given by a statute, that it is the statutory inception of a legal title which gives to the person making it a right, against every person not having a prior entry, to obtain a patent and to hold the ..... practice of resorting to a court of chancery in order to set up an equitable against the legal title, received, in its origin, the sanction of the court of appeals page 9 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... if a subsequent purchaser, with notice of a prior unrecorded deed, could not prevail against the title of the first purchaser, and most unquestionably he could not, how much stronger is the case when such subsequent purchaser is even a party to the first deed, and claims an interest ..... if his creditors have any such title, it cannot be derived from him when, in point of law, he had none in himself, and, independent of his title, it is impossible to show any ..... of the parties to the contract, but it was, at the time when the slaves were taken in execution, perfectly contingent whether the wife could ever claim any interest in them, in opposition to persons deriving title under the husband. ..... the title of his creditors being clearly derivative, if he had no title under the deed (and being himself bound by it, he could have none which was inconsistent with it), then his creditors could ..... the deed, if it be void as to him, it is impossible for him to found a claim upon it in right of the grantee, whose only title is under the deed. ..... case but one, where a title can be set up for the grantee paramount the deed, can it ever be the interest of a creditor of the grantee to insist upon such a construction as is contended for in this, for as he must derive his title page 9 u. s. ..... proceeds upon the ground that by the words "all creditors and subsequent purchasers" is meant as well the creditors of the grantee and subsequent purchasers from him, as those who might derive title under the grantor. .....
Tag this Judgment!Court : US Supreme Court
..... had been the actual property of pennsylvania, however wrongfully acquired, the disclosure of that fact would have presented a case on which it was unnecessary to give an opinion; but it certainly can never be alleged, that a mere suggestion of title in a state to property in possession of an individual must arrest the proceedings of the court, and prevent their page 9 u. s. ..... 139 while this suit was depending, the state of pennsylvania forbore to assert its title, and in january, 1803, the court decreed in favour of the libellants, soon after which, the legislature passed the act which has been stated. ..... if the suggestion in this case be examined, it is deemed perfectly clear that no title whatever to the certificates in question was vested in the state of pennsylvania. ..... 130 title by virtue of the decree aforesaid of the court of appeals reversing the sentence of the court of admiralty, whereof the said george ross had been judge; and whereas it does not appear that the said david ..... 140 looking into the suggestion and examining the validity of the title. .....
Tag this Judgment!Court : US Supreme Court
..... but suppose the vendor held it by a bill of sale containing a warranty of title, and should assign that bill to his vendee; is it clear that, on loss of the property for defect of title, no recourse could page 9 u. s. ..... 332 be had to the warrantor of that title? ..... he does not trace the title. .....
Tag this Judgment!Court : US Supreme Court
..... (5 cranch) 344 error to the court of appeals of maryland syllabus in an action of ejectment between two citizens of maryland for a tract of land in maryland, if the defendant set up an outstanding title in a british subject which he contends is protected by the treaty, and therefore the title is of the plaintiff, and the highest state court in maryland decides against the title thus set up, it is not a case in which a writ of error can lie to the supreme court of the united states. ..... 345 in order to show an existing title out of the plaintiff, contended that the mortgage to scarth was protected from confiscation by the british treaty of 1794, and was still a security for the money to the representatives of scarth, who were proved to be still .....
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