Court : US Supreme Court
..... events, upon every view of this case, the court is of opinion that the property having been previously condemned and the title passed to the enemy, and, consistently with the salvage and prize acts, must be decreed to be good prize of war ..... might be the case in relation to our own citizens, it is somewhat singular that the legislature should be paying bounties out of the treasury to encourage privateers when they were in favor of neutrals, having no legal title, taking from them a large proportion of the lawful proceeds of prize. ..... jurists that in cases of capture, a firm possession changes the title to the property, and although there has been in former times much vexed discussion as to the time at which this change of property takes place -- whether on the capture or on the pernoctation, or on the carrying infra praesidia of the prize -- it is universally allowed that at all events a sentence of condemnation completely extinguishes the title of the original proprietor and transfers a rightful title to the captors or their sovereign. ..... is always supposed to be from persons who have, by operation of law, succeeded to the title acquired under a decree of condemnation. ..... ," by force of the term, would seem most properly applied to cases where an inchoate title only was vested by capture. ..... lawful owners of the recaptured property, which has been already lawfully condemned, is not the original proprietor, but the person who has succeeded to that title under the decree of condemnation. .....
Tag this Judgment!Court : US Supreme Court
..... if the omission of the surveyor to "see the land plainly bounded by natural bounds or marked trees," which the law imposes upon him as a duty, cannot affect the title of the warrant holder, it would follow that his omission to run all the lines of the survey on the ground, which the law does not in express terms require him to do, ought not to produce that ..... surveyor, by running some of the lines, and from adjoining surveys, natural boundaries, or his personal knowledge of the ground, is enabled to protract the remaining lines so as to close the survey, no subsequent locator can impeach the title founded upon such survey upon the ground that all the lines were not run and marked. ..... time of the testator's death, yet he took an estate in fee under the will which could not, on the ground of alienage, be divested but by inquest of office or by some legislative act equivalent thereto; 2d, that the defeasible title thus vested in the alien devisee was completely page 16 u. s. ..... a suit in chancery instituted by the appellee against the appellants whereby the latter were decreed to convey to the former certain parts of a tract of land granted to them by the commonwealth of virginia, to which the appellee claimed title under a junior patent founded on a prior warrant and survey. ..... sutherland could not take a legal title to this land under the state of virginia, and consequently that the grant to him in 1788 was void and was not protected by the treaty of 1794 between the united states and .....
Tag this Judgment!Court : US Supreme Court
..... ;, shall at any time hereafter make any entry but within seven years next after the passing of this act, or after his or their right or title shall or may descend or accrue to the same, and in default thereof, such person so not entering, and his heirs, shall be utterly excluded and disabled from such entry after to be made. ..... provided nevertheless that if any person or persons that is or shall be entitled to such writ or writs, or that hath or shall have such right or title of entry be or shall be at the time of such right or title first descended, accrued, come, or fallen within the age of twenty-one years, feme covert, non compos, mentis, imprisoned, or beyond seas, that then such person or persons, and his and their heir and ..... ;, or any other writ, suit, or action, whatsoever, hereafter to be sued or brought, by occasion or means of any title heretofore accrued, happened, or fallen, or which may hereafter descend, happen, or fall, shall be sued or taken within seven years next after the passing of this act, or after the title and cause of action shall or may descend or accrue to the same, and at no time after the said seven years. ..... and that no person or persons that now hath or have any right or title of entry into any lands, &c. .....
Tag this Judgment!Court : US Supreme Court
..... reserved to this state by the cession act," but expressly subject to the assent of congress, and the two great objects of the act of congress of 1806, as avowed in the title, are "to authorize the state of tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same," or, in other words, to enable the state of tennessee to acquire the ..... in the use of her supposed acquisition, by the rights which north carolina retained of perfecting her own land titles, and she could not obtain from a state a cession of that right without the consent of congress. ..... previous to the act of cession, north carolina had made title to a considerable proportion of the soil of tennessee, under circumstances which attached the title to a designated portion of soil, so that nothing more was necessary to vest a complete legal title, but what, in contemplation of her laws, was a mere formality ..... of cession are these: "where entries have been made agreeably to law and titles under them not perfected by grant or otherwise, then and in that case the governor for the time being shall and he is hereby required to perfect, from time to time, such titles, in such manner as if this act had never been passed. ..... of cession, the united states held the right of soil in the vacant lands of tennessee, qualified by the right which the state of north carolina retained of perfecting the inchoate titles created under her own laws. .....
Tag this Judgment!Court : US Supreme Court
..... the decree of the court of chancery, which was in favor of the papists, was upon appeal to the house of lords reversed and the title of the heir at law sustained, six judges against five being in his favor. ..... it is evident, therefore, from a view of the above cases that the title of the heir to a resulting trust can never arise except when something is left undisposed of, either by some defect in the will or by some subsequent lapse, which prevents the devise from taking effect, and not even ..... but the ground upon which the title of the heir rests is that whatever is not disposed of remains to him and partakes of the old use as if it had not been directed to be sold. .....
Tag this Judgment!Court : US Supreme Court
..... 182 the bill, and that this endorsement not being in blank could not be obliterated at the trial, so that the court and jury were bound to believe that the title to this bill was not in the united states, but in the gentleman to whom mr. ..... in such case, therefore, a court may well say that all the title which the last endorsees ever had in the bill, which was a mere right to collect it for the united states, was divested by the single act of returning it to the party of whom it was received. ..... tucker, as treasurer of the united states, passed such an interest to the latter as to enable it to sue in its own name, yet such title was divested by mr. .....
Tag this Judgment!Court : US Supreme Court
..... the privateer had an equal title with herself to the neutral protection, and was in no default in approaching the page 16 u. s. ..... the claim of the spanish government for the violation of its neutral territory being thus disposed of, it is next to be considered whether the british claimant can assert any title founded upon that circumstance. ..... 447 therefore, the title by capture being invalid, the british owner has a right to restitution. .....
Tag this Judgment!Court : US Supreme Court
..... it was contended by the plaintiff's counsel that the title of the patentee cannot be impeached unless it be shown that he knew of a prior discovery of the same art, machine, &c. ..... 483 provided two modes of vacating a patent improvidently granted, the patentee, though not the original inventor, and however surreptitiously he may have obtained his patent, may secure his title to the exclusive use of another's invention, if he can for three years avoid an inquiry into the validity of his title. .....
Tag this Judgment!Court : US Supreme Court
..... the title of an act cannot control its words, but may furnish some aid in showing what was in the mind of the legislature. ..... the title of this act is "an act for the punishment of certain crimes against the united states. .....
Tag this Judgment!Court : US Supreme Court
..... of these lands had been purchased, before the act granting them to the state, by the immigration land company, and the secretary of the interior held that the title thus acquired was superior to that of the state, and patents were about to be issued, in accordance with the decision of the secretary, to such bona fide ..... opinion that the state has mistaken its remedy, and if it be true that the secretary has made a mistake in overruling the contention of the state that the title passed to it under the act of august 3, 1892, relief must be sought in the courts after the issuance of patent. ..... march 3, 1887, permitting bona fide purchasers of certain lands, in the manner which we have stated, to make payment and acquire title to the lands excepted from the operation of the railroad grant, was then in full force. ..... the act of 1887, under which the immigration land company claims title, specifically provides that patents shall be issued for lands to which ..... the purpose of the bill filed in this case is to quiet title to the lands in controversy by a decree in favor of the state of minnesota notwithstanding the decision of the secretary of the interior, and to enjoin that officer from issuing patents for the lands to ..... this bill of complaint is filed by the state of minnesota to quiet title to certain lands in that state and to enjoin the secretary of the interior and the commissioner of the general land office from issuing patents for the lands to the immigration land company, a corporation .....
Tag this Judgment!