Court : US Supreme Court
..... the weight of that case in support of the lien, not only as against the assignees of a bankrupt, but as against the vendor himself, since the retaining of the title deeds by the vendor is considered as equivalent to an agreement for the preservation of the lien. ..... tanner even be stripped of the circumstance that the vendor retained the title papers in his hands, still the assignees of a bankrupt are not understood in england to stand in the same situation with a creditor who is secured by ..... point, some difference of opinion exists in the court, and we pass it over without positively deciding it for the purpose of inquiring whether bayley, supposing him entitled to the same rights as a vendor of the legal title, has now a lien on the estate for the purchase money. ..... it is contended for the defendants that as the legal title to the estate was never in bayley, he never had a lien upon it for the ..... even where a complete legal title vests in them, and there is no notice of any equity affecting it, they take subject to whatever equity the bankrupt was ..... lord chancellor, speaking of that case, says "it appears by the register's book that the seller was to keep the title papers till he was paid. ..... land which is the subject of this suit, which he afterwards sold to james greenleaf to whom the title was made by worman. ..... alleged they had contracted to sell the land in controversy to james greenleaf, but that he had not paid the purchase money, in consequence of which they retained the legal title. .....
Tag this Judgment!Court : US Supreme Court
..... ;, and was argued by counsel, on consideration whereof this court is of opinion that the decree dismissing the plaintiff's bill was erroneous in this, that the plaintiff is shown to possess the prior and better equitable title unless his location, which is the page 20 u. s. ..... if cameron's entry be invalid, then the decrees are right, either because young's entry is good or because the legal title was in lee when they were made. ..... after setting out his own title, he states that of his adversary, and after reciting the certificate granted to cameron, subjoins that crocket claimed the land "in dispute by virtue of the said improvement, and having caused the same to be surveyed contrary to location ..... these causes relate to the same title and depend on the same question. ..... 529 foundation to that title be void for want of certainty, a point not properly examinable under the pleadings in the cause, as they now stand because it is not put in issue. ..... if the validity of cameron's location be sustained, crocket must succeed, because his right is prior in time and superior in dignity to any title conflicting page 20 u. s. ..... the appellant therefore filed his bill to obtain a conveyance for the land covered by his settlement right, the legal title to which was in the appellee, and the appellee filed his bill to obtain a conveyance for the land covered by the appellant's patent on the preemption right, to which he claimed the equitable title. .....
Tag this Judgment!Court : US Supreme Court
..... 160 surveyed would not interfere with any part of the land to which they claim title; that the creek selected by the complainant as the third creek, in the entry of mason on which that of o'neal depends, is not in truth and in fact the third creek running into the ohio above the mouth of ..... it has been long and well established as a rule of law and equity that a party must recover on the strength of his own title, and not on the weakness of his adversary's title. ..... the plaintiff in the court below (watts) exhibited his bill in chancery for the purpose of compelling the respondents to surrender the legal title, acquired under an elder grant founded on a surveyor's entry, rather than the one under which he derives his title. ..... ) 158 appeal from the circuit court of ohio syllabus it is a rule at law and in equity that a party must recover on the strength of his own title, and not on the weakness of his adversary's title. .....
Tag this Judgment!Court : US Supreme Court
..... 432, to ascertain the western boundary of the tract reserved for the military warrants, and which provisionally designate ludlow's line as the western boundary, did not invalidate the title to land between that line and roberts' line, acquired under a virginia military warrant, previous to the passage of that act. ..... above mentioned reserved territory, shall complete their locations within three years after the passing of this act," and that the locations made within that part of the territory to which the indian title has been extinguished, shall be surveyed, and the surveys returned to the department of war, within five years. ..... directing the appointment of a surveyor general, whose duty it should be "to survey and mark the unascertained outlines of the lands lying northwest of the river ohio, and above the mouth of the river kentucky, in which the titles of the indian tribes have been extinguished, and to divide the same in the manner hereinafter directed. ..... congress was induced to give further time for making these locations and surveys, by a just sense of the real difficulties attending the completion of titles in that country, and an equitable regard for the rights of the claimants ..... surveying military lands, which had been adopted under the laws of virginia, and it is not unreasonable to suppose that congress, when giving further time to make locations and surveys, might be disposed to cure the defects in titles already acquired, and to prevent second locations on lands already located .....
Tag this Judgment!Court : US Supreme Court
..... . a fortiori, where the property is already in the custody of a neutral tribunal and the title is in litigation there, no other foreign court can, by its adjudication, rightfully take away its jurisdiction or forestall and defeat its judgment ..... duty of the neutral is equally strong to assert its own rights and to preserve its own good faith and to take from the wrongdoer the property he has unjustly acquired and reinstate the other party in his title and possession which have been tortiously divested ..... . it does not lie in the mouth of wrongdoers to set up a title derived from a violation of our neutrality ..... nor will the courts of a foreign country inquire into the means by which the title to the property has been acquired. ..... the commission, therefore, of a public ship, when duly authenticated, so far at least as foreign courts are concerned, imports absolute verity, and the title is not examinable. .....
Tag this Judgment!Court : US Supreme Court
..... as these grounds of relief were not much insisted on at the bar, the court might be justified in considering them as abandoned, and pass at once to an examination of the appellants' title to the whole or any part of the sum which was awarded to the respondent, and received by him as agent of the georgia mississippi company. ..... from bearing the whole of the loss because, according to the laws of the association of the new england company, she had received a certificate which on its very face purported to be and was regarded as complete evidence of title, whether the person from whom she had purchased had paid his note or not. ..... company in georgia) of all the right and title of the g.m. .....
Tag this Judgment!Court : US Supreme Court
..... no subject requires to be treated with more delicacy than the land titles of a country where a law has been explained by usage. ..... he was at liberty to perfect his title or to lose it, but was required to do the one or the other. ..... it draws into doubt the right of an individual, to refuse to consummate a title once begun. ..... this is not prescribed as a single mode by which a right is to be exercised, but is annexed as a penalty for not proceeding to complete a title. .....
Tag this Judgment!Court : US Supreme Court
..... ) 356 error to the circuit court of pennsylvania syllabus a party cannot entitle himself to a patent for more than his own, invention, and if the patent be for the whole of a machine, he can maintain a title to it only by establishing that it is substantially new in its structure and mode of operation. ..... if, therefore, the patent be for the whole of a machine, the party can maintain a title to it only by establishing that it is substantially new in its structure and mode of operation. .....
Tag this Judgment!Court : US Supreme Court
..... but there was some contrariety in the testimony as to the identity of the property, which the claimant, burke, insisted upon his title to hold as a bona fide purchaser under a condemnation and sale in some prize tribunal at galveston. ..... 495 any title in the libellant or in those whom he represents to the merchandise in question. .....
Tag this Judgment!Court : US Supreme Court
..... a claim was filed by joseph almeida, who insisted upon his title as a bona fide purchaser, under a capture made by the buenos ayres privateer louisa and a regular sentence of condemnation in the prize court at juan griego, in the island of margaritta, within the territory of a co-belligerent. ..... nor will courts of justice ever yield the locus standi in judicio to the suitor, who is compelled to trace his title through his own criminal acts. .....
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