Court : US Supreme Court
..... the defendant made title under a deed, from the collector of the district, reciting a sale of the said land as being forfeited by the nonpayment of taxes and conveying the same to the purchaser. ..... case delivered the opinion of the court as follows: it is admitted that if the preliminary requisites of the law have not been complied with, the collector could have no authority to sell, and the conveyance can pass no title. .....
Tag this Judgment!Court : US Supreme Court
..... every person, therefore, who could assert any title to the mary has constructive notice of her seizure, and may fairly be considered as a party to the libel. ..... when afterwards in this court the bearing of those instructions was discovered and further proof was directed, that direction did not extend to proof which might account for the failure of kennedy to assert his title to the vessel. .....
Tag this Judgment!Court : US Supreme Court
..... when she did take it upon herself, the condition on which the devise was made was performed, and she took as devisee under the will, and the act consummating her title had relation to the time of its commencement, which was before the separation of the two states. ..... his right is derived from the will, and the letters testamentary do not give the title. .....
Tag this Judgment!Court : US Supreme Court
..... on the trial, the plaintiff produced two patents for 5,000 acres each from the state of north carolina granting to stockley donalson, from whom the plaintiff derived his title, two several tracts of land lying on crow creek, the one, no. .....
Tag this Judgment!Court : US Supreme Court
..... owners of this property, perhaps it might listen to the application late as it is; but believing, as it does, that the evidence, as it now stands, is not susceptible of any satisfactory explanation, and that the captors have made out a clear title to the whole cargo shipped by mr. .....
Tag this Judgment!Court : US Supreme Court
..... 237 have availed himself of any credit against the public, however well founded the claim might be, unless he had previously submitted his title to such a credit to the accounting officers of the treasury and they had rejected the same or unless he had been prevented from so doing by one of the accidents mentioned in the law. .....
Tag this Judgment!Court : US Supreme Court
..... ; in his claim he thus states the transaction under which his title to the one-fourth of these goods accrued. .....
Tag this Judgment!Court : US Supreme Court
..... graham's contract on that day, and did not refuse to receive a conveyance which was offered to be made by hepburn and dundas in june, 1801, on account of any defect in the title, but for other reasons which would equally have operated with him had there been no such defect, hepburn and dundas would still be entitled to a specific performance if they could then make a good ..... court of equity will in general decree a specific performance of an agreement for the sale of lands if the vendor is able to make a good title at any time before the decree is pronounced, but the dismission of a bill brought by the vendor to enforce a specific performance, on account of a defect in the title, is a perpetual bar to a new bill brought for the same object, unless perhaps in a case where an original bill in the nature of ..... and supposing that if, within a reasonable time after it was pronounced, they could remove the objections to their title which were pointed out in the decree, they might still call for a specific performance, they soon obtained a conveyance from the heirs of thomas west of all their right, title, and interest in and to this land, and on 27 march, 1809, less than a month after the ..... purchaser, which the former bound himself, by his agreement, to discharge by bills of exchange or cash, or by an assignment of a contract for land and a conveyance of a good title to it, and with money to make up any deficiency which might arise by the agreed price of the land falling short of the debt. .....
Tag this Judgment!Court : US Supreme Court
..... time of the decision in the court of appeals and in this court, another treaty had intervened, which attached itself to the title in controversy and, of course, must have been the supreme law to govern the decision if it should be found applicable ..... the act, for there was nothing in the record upon which the court below could have decided but upon the title as connected with the treaty; and if the title was otherwise good, its sufficiency must have depended altogether upon its protection under the treaty. ..... if therefore this court had authority to examine into the whole record, and to decide upon the legal validity of the title of the defendant, as well as its application to the treaty of peace, it would be a case within the ..... bar that, in point of fact, the court of appeals did not decide either upon the treaty or the title apparent upon the record, but upon a compromise made under an act of the legislature of virginia. ..... given with confidence, it is this, whether we consider the letter of the statute, or the spirit, intent, or meaning, of the constitution and of the legislature, as expressed in the 27th section, it is equally clear that the title is the primary object to which the attention of the court is called in every such case. ..... the objection urged at the bar is that this court cannot inquire into the title, but simply into the correctness of the construction put upon the treaty by the court of appeals, and that their judgment is not reexaminable here unless it appear on the face .....
Tag this Judgment!Court : US Supreme Court
..... it was therefore insisted not to be necessary for the defendant, holding possession under a bona fide conveyance of lands which had been actually granted, to deduce his title from the grant, but that it was sufficient to show that the land had been granted and that he held a peaceable possession of seven years under a deed. ..... all uncertainty respecting the construction of the act of 1715, its provisions ought to be limited to its avowed object, and a doubt had never existed whether it was necessary for a person in possession to show more than a color of title, a deed acquired in good faith, in order to protect himself under that act; so nothing further ought to be required in order to enable him to avail himself of the act of 1797. ..... of opinion among the judges of the circuit court for the district of west tennessee syllabus under the act of the legislature of tennessee passed in 1797 to explain an act of the legislature of north carolina of 1715 relative to the title of lands, a possession of seven years is a bar only when held under a grant or a deed founded on a grant. ..... possessions held without suing such claim as aforesaid shall be a perpetual bar against all and all manner of persons whatever, that the expectation of heirs may not, in a short time, leave much land unpossessed and titles so perplexed that no man will know from whom to take or buy land. .....
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