Court : US Supreme Court
..... let us now consider the second question: whether the lessors of the plaintiff have any title to the estates which were devised over to john mcconnell upon the contingency of john b. ..... error to the circuit court for the district of maryland in an ejectment brought by the lessee of barnitz against casey to try the title of barnitz to certain real estate in baltimore. ..... as that limitation over was a good executory devise, and, in the events which happened, took effect, it is very clear that the lessors of the plaintiff cannot claim title thereto. ..... the lessors of the plaintiff have therefore made no sufficient title thereto. .....
Tag this Judgment!Court : US Supreme Court
..... by such sentence, the right of the former owner is lost, and a complete title given to the person who claims under this decree. ..... by such sentence, the right of the former owner is lost and a complete title given to the person who claims under the decree. ..... had one of these been that all sentences pronounced under it should be considered as void, and incapable of changing the property they professed to condemn, this court could not have hesitated to recognize the title of the original owner in this case. .....
Tag this Judgment!Court : US Supreme Court
..... promissory notes, with two approved endorsers, payable in 6 and 12 months," and "that the purchaser should be allowed thirty days to comply with these terms, at which time, in case of compliance, he was to receive a good and complete title to the property, and on failing to comply within the thirty days, the property was then to be resold on account of the first purchaser. ..... this draft of the deed recited the title of the plaintiffs, and that the defendant, being the highest bidder, had purchased the premises at the sum of $4,000, which he had secured to be paid to the plaintiffs according to the terms of sale. ..... 5th declares that the purchaser shall be allowed "thirty days to comply with the 3d article, at which time (in case of compliance) he shall receive a good and complete title to the property. .....
Tag this Judgment!Court : US Supreme Court
..... , and that not being within the sphere of their official duties, the united states cannot be injured by it, and that the defendants could not, without rendering themselves personally liable to the public, have made a title to the plaintiff after a discovery of the mistake which they had made, but on the terms proposed by them; or in other words that the united states could not, by any declaration of the commissioners proceeding from a mistake ..... the commissioners supposing that morris & nicholson had not yet received titles to land equal in value to the sum which it had advanced, told the plaintiff that if he would obtain an order from them for certain lots, they should be conveyed to him. ..... morris & nicholson were indebted to lee in that sum by promissory notes, and offered payment in certain city lots, the title whereof was in the commissioners of the city. .....
Tag this Judgment!Court : US Supreme Court
..... " "in the revision of the statutes, in the year 1750, the phraseology of the former statute was altered, and the latter was incorporated with it, under the title of 'an act concerning arrests and imprisonments for debt, damages, fines, &c. ..... the original title of the act was 'an act concerning arrests and imprisonments for debt, damage, fines, &c. .....
Tag this Judgment!Court : US Supreme Court
..... the facts being proved to the satisfaction of the judge, he decreed that "the said elisha wallen be divested of all the right, title, interest, property and claim which he had, or has, to the said two tracts of 640 acres, and each of them, and that all the right, title, interest, property and claim of, in, and to said two tracts of land and each of them and every part and parcel thereof be vested in the said complainant .....
Tag this Judgment!Court : US Supreme Court
..... it was afterwards discovered that chambers and others had been imposed upon and that they had title only to a very small part of the land they had sold to young, whereupon a new agreement was entered into on 6 september, 1798, between chambers and others and young, by which the original contract was rescinded .....
Tag this Judgment!Court : US Supreme Court
..... that the mayor, aldermen, and inhabitants of the city of new orleans having, under some pretense of title to the said alluvion or to a servitude therein, committed divers trespasses on the said land, the said john gravier filed his petition in the superior court of the territory of orleans, being a court of competent jurisdiction, and from .....
Tag this Judgment!Court : US Supreme Court
..... right, or can the demandant be put on the proof that, in the incipiency, and in the different steps necessary to complete his title, he has complied with the requisites prescribed by the acts, the one entitled "an act for adjusting and settling the titles of claimants to unpatented lands under the present and former government previous to the establishment of the commonwealth land office," and the other "an ..... entitle a demandant in a real action to recover against several tenants claiming by distinct and separate titles than it could entitle a plaintiff to maintain a joint action of assumpsit where the contracts were ..... in the case put by the court below, the first patentee had the better legal title, and his seizin presently, by virtue of his patent, gave him the best mere right to the whole land ..... maintain that a deed, which, by the lex loci, conveys a perfect title to waste and vacant lands, without further ceremony, will not yet enable the grantee to support that title by giving him the highest remedy applicable to it without an actual entry. ..... act of 1786 did not mean to change the nature of the inquiry as to the titles of the parties, but merely to remedy some of the inconveniences in the modes of ..... pretty strong implication that actual seizin passed by operation of law on a patent from the crown, for it is the union of a right and seizin that constitutes a perfect title, and when once the law has declared a title perfect, it must include everything necessary to produce that effect. .....
Tag this Judgment!Court : US Supreme Court
..... there are other counts in the information which i need not now consider, because it is admitted there was a forfeiture under the first count, and the answer of the present claimant sets up, as a justification of his title, that he is a bona fide purchaser for a valuable consideration and without notice of the offense; and it is admitted that this justification is true in point of fact and that there have been no laches either as to the united states, or ..... at common law, nothing vests in the government until some legal step shall be taken for the assertion of its right, after which, for many purposes, the doctrine of relation carries back the title to the commission of the offense, but the distinction, taken by the counsel for the united states, between forfeitures at common law and those accruing under a statute is certainly a sound one. ..... purposes of alienation and sale, therefore, the property in goods and chattels remains in the owner notwithstanding the commission of an offense subjecting it to forfeiture, and consequently he may convey a good title against every person but the crown, and against the crown also unless in cases where the anterior relation applies. ..... to the vast extent of commercial transfers, the favor with which navigation and trade are fostered in modern times, and the extreme difficulty of ascertaining latent defects of title, it seems difficult to resist the impression that the present is a case which requires the application of the milder rule of the law. .....
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