Court : US Supreme Court
..... 310 by the counsel for the united states that the act here intended, although it does not bear, in terms, the same title, is the one regulating duties which passed 31 july, 1789, and that this does not render it necessary that the trial should be within the district where the forfeiture accrued, while the plaintiff insists ..... it is not improbable that this was the law intended, but as the title of neither corresponds with the one given in this act, the court thinks that the proceedings on forfeitures accruing under it may well be governed by the 9th section of the act to establish the judicial courts of the ..... " on examining the different acts of congress on this subject, there is none whose title exactly corresponds with the reference here made. .....
Tag this Judgment!Court : US Supreme Court
..... error to the supreme court of the state of ohio for the county of muskingum in an action of ejectment brought by zane's lessee against matthews, in which both parties claimed title under the laws of the united states. ..... the remaining question was whether the plaintiff in error or the defendant had the title to the west fraction of section no. .....
Tag this Judgment!Court : US Supreme Court
..... that the judgment rendered by the court of common pleas which is supposed to bar the plaintiff's title is clearly erroneous. 2. ..... bar, to show that the inquisition in this case did not warrant the judgment which was rendered on it, the court will proceed to inquire whether that judgment, while unreversed, does not bar the plaintiff's title. .....
Tag this Judgment!Court : US Supreme Court
..... a bill of exceptions stated that the plaintiffs on the trial produced in evidence to support their title to the goods, a certain paper writing signed by one john withers, to which one john pierson had subscribed his name as a witness, and offered parol evidence to prove that the subscribing witness "had upwards of a year .....
Tag this Judgment!Court : US Supreme Court
..... (5 cranch) 358 error to the circuit court for the district of columbia, sitting at alexandria syllabus five years' adverse possession of a slave in virginia, gives a good title upon which trespass may be maintained. .....
Tag this Judgment!Court : US Supreme Court
..... the soils, grounds, havens, ports, bays, mines, woods, rivers, waters, fishings, jurisdictions, franchises, privileges and preeminences, within said territories, with all their right, title, interest, claim or demand whatsoever in and to the premises; and which grant and surrender aforesaid was then accepted by his said majesty for himself and his successors; ..... grant, surrender, and yield up to his said majesty, george the second, his heirs and successors, their said letters patent, and their charter of corporation, and all right, title and authority, to be or continue a corporate body, and all their powers of government, and all other powers, jurisdictions, franchises, preeminences and privileges therein, or thereby granted ..... conformity to an act of the parliament of said kingdom of great britain, entitled, "an act for establishing an agreement with seven of the lords proprietors of carolina for the surrender of their title and interest in that province to his majesty," for and in consideration of the sum of twenty-two thousand five hundred pounds of the money of great britain, paid to the said heirs ..... the tenements described by the said fletcher in his said first count, and of the soil thereof in absolute sovereignty, and in fee simple (subject only to the extinguishment of the indian title to part thereon), and that, upon the confirmation and ratification of the said constitution, and by force thereof, the said state of georgia became seised in absolute sovereignty, and in fee .....
Tag this Judgment!Court : US Supreme Court
..... the defendant in the original action is liable to the plaintiff, either in consequence of contract or as trustee, or as the holder of a legal title acquired by any species of mala fides practiced on the plaintiff, the principles of equity give a court jurisdiction wherever the person may be found, and the circumstance that a question of title may be involved in the inquiry, and may even constitute the essential point on which the case depends, does not seem ..... taking into view the character of the suit in chancery brought to establish a prior title originating under the land law of virginia against a person claiming under a senior patent, considering it as a substitute for a caveat introduced by the peculiar circumstances attending those titles, this court is of opinion that there is much reason for considering it as a local action and for confining it to the court sitting within the state in ..... preston, in which case a contract made respecting lands in ireland, the title to which depended on the act of settlement, was enforced in england although the defendant was a resident of ireland and had only made a ..... was this cause, therefore, to be considered as involving a naked question of title -- was it, for example, a contest between watts and powell -- the jurisdiction of the circuit court of kentucky ..... by one who has the prior equity against him who has the eldest patent is in its nature local, and if it be a mere question of title, must be tried in the district where the land lies. .....
Tag this Judgment!Court : US Supreme Court
..... be confiscated is protected by the treaty, still, if according to the true construction of the state laws, this court should be of opinion that the acts of confiscation left something to be done necessary to the perfection of the title claimed under them which was not done at the time the treaty was made, we must say that in this case the construction of the treaty was drawn in question, and that the decision of the ..... and if the said intendant has probable and good ground to suspect that any person holds the same in trust for any british subject or conceals the same, or any deeds, writings, or evidence of the titles to such property, he may and shall direct the attorney general to file a bill in the high court of chancery on behalf of this state for the discovery of such trust or concealed property and for ..... was agreed that the british subjects who then held lands in the territories of the united states should continue to hold them according to the nature and tenor of their respective estates and titles therein), this property is protected, being then held by the defendant smith as agent of and for anne ottey, a british subject, and therefore then held by her. ..... debts only excepted) belonging to british subjects shall be seized, and is hereby confiscated to the use of this state,' and under this general expression it is considered that land in which the legal title was held by a citizen of this state in trust for a british subject (as is the case now in question) was included. .....
Tag this Judgment!Court : US Supreme Court
..... that the purchaser melton, at the time of his purchase, knew of the complainants' title, and indemnified the sheriff for proceeding in the sale, and agreed that he should participate in its benefits. ..... as the judgments constituted a legal lien on the lands in question, and the title at law passed to the purchasers by the sale and conveyance of the public officer, the plaintiffs must show an equity superior to that of the persons who hold the legal estate. ..... that this was done without any fraudulent intention, and to secure his title, being fully satisfied that the lands were liable to the judgments. ..... that the defendants melton, tigner and smith, claim title to the land in virtue of a sale made by the sheriff to the defendant melton, upon two writs of fieri facias, founded upon judgments obtained by the defendant holland against the defendant cox, one in the year 1793, ..... finding that naylor had williamson's title, and being desirous of protecting the titles of so much of the land as he had sold, he purchased of naylor 4,505 acres. ..... the plaintiffs claim title to a tract of land in the state of georgia, under several mesne conveyances from micajah williamson, the original patentee. ..... smith's answer is immaterial, as it relates only to 75 acres of the land which he claimed under a title prior to the complainants. .....
Tag this Judgment!Court : US Supreme Court
..... it remains, then, to inquire whether this sale and conveyance so affects the title of o'neale as to produce a failure of the consideration on which the note was given. ..... " the same section then proceeds to quiet the titles of all persons claiming by purchase from or under original proprietors who have been in possession in their own right for five years before the passing of the act. ..... (an act to be justified by no state of things but the nullity of the previous sale), has not left itself at liberty to maintain the continuing obligation of that sale, and the plaintiff, by setting up this defense, has affirmed the title of the last purchaser. ..... they purport to pass a title which is entirely unexceptionable. ..... if this be otherwise, that such subsequent sale could not affect the right of o'neale, whose title would still be good. ..... by selling and conveying the property to a third purchaser, the commissioners precluded themselves from setting up the second sale, and the second purchaser, by making this defense, affirmed the title of the third purchaser. ..... 70 in this case, the impropriety, which has occurred in consequence of an agent's misconstruing his powers, is a fact dehors the title papers. .....
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