Court : US Supreme Court
..... is prevented, but persists in his endeavours to settle, he is entitled 'to have and to hold the lands, in the same manner, as if the actual settlement had been made and continued:' but no title could vest in the grantee, unless the condition precedent was performed; and, yet, by force of the proviso, he is to have the lands (not merely the benefit of a prolongation of the time for ..... of the indian war, there would be an extension of the western settlements; the accomplishment of a settlement was made a sine qua non, to the investment of a legal title; and the proviso declares nothing more, in effect, than that the war shall be an excuse for non-settlement, while it continues, and the warrantee sincerely persists in his endeavour ..... interest, as well as upon the principles of their contract, they 'persisted in their endeavours:' for, even after the board of property had decided, that they had acquired a legal title to the lands, and issued patents in their favour; even at the moment of the present discussion; they have been, and are, employed (anxiously, laboriously, and expensively, employed) ..... make any visible progress in building, clearing, and cultivating; but, he observes, in the words of the act, that being driven from his settlement, he shall, nevertheless, have title, as if he had completed his improvement, and continued his residence, if he persists in his endeavours: he, therefore, returns the next year, and is again driven away, re infecta; and so on, for a .....
Tag this Judgment!Court : US Supreme Court
..... had been collusively employed by richeson, one of the lessors of the plaintiff (the others being totally ignorant of this part of the transaction) to make the purchase for him, while, at the time of the sale, he set up a title to the premises, producing a deed from the county commissioners, dated the 26th of november 1792, when the land had been sold for taxes; menacing any purchaser with a law suit; and, in fact, prevented ..... it is always a mark, prima facie, of unfairness, when a man, who forbids a sale, or slanders a title, becomes himself the purchaser of the land. ..... the act of making such advertisements, is the duty of the sheriff; it is a matter merely directory; and, unless an actual injury has been sustained by an omission, it would be hard, indeed, that it should affect the title of a bon a fide purchaser. 2d. .....
Tag this Judgment!Court : US Supreme Court
..... the truth of the allegation should be examined; but, in an old transaction, if the title depends upon it, the examination should not be very strict; and every doubt should operate in favour of the validity of the survey. 3d. ..... but if the party assists in committing the fraud, not only the party himself, but every person claiming under him, or deriving title directly through him, shall be debarred from taking advantage of the transaction. .....
Tag this Judgment!Court : US Supreme Court
..... this is true, but neither of these things was necessary to be done, because as to france, she was sufficiently described by the title of the french republic, and as to america, the degree of hostility meant to be carried on was sufficiently described without declaring war or declaring that we were at war. .....
Tag this Judgment!Court : US Supreme Court
..... by the laws of kentucky, a particular method for taking up or appropriating lands was required, and unless an entry in the form and manner designated by those laws was made, surveys of the lands gave no title, however notorious they might be, and although such surveys were known to the subsequent locator at the time he made his survey in strict conformity with the requirements of the law. ..... the terms in which this remedy is accorded to the person who would avail himself of it for the purpose of asserting his own title are "or if any person shall obtain a survey of lands, to which another hath by law a better right, the person having such better right may in like manner enter a caveat. . . ..... the opinion of lord hardwicke was not that where any circumstance was required by a statute in order to vest a title, other equivalent acts might be received as a substitute; but that the particular statute on which the case depended did not require the omitted circumstance, since the property was vested by a distinct clause ..... had the purchaser of the first warrant been negligent enough to hold it up until the whole land was appropriated, the title of every subsequent purchaser would have been good against him, and he would have been page 5 u. s. ..... from the whole act, a legislative intention to make an entry, and an entry only, the foundation of title to any particular tract of land is strongly to be inferred, and if even an equivalent act could be received, a survey does not appear to be such an .....
Tag this Judgment!Court : US Supreme Court
..... he states that to give title to salvage, the means used must not only have produced the benefit, but must have page 5 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... that is, although his title to the sum levied may be complete, has he the actual legal ownership of the specific species of coin which the officer may have received? .....
Tag this Judgment!Court : US Supreme Court
..... of, enter, intrude, or settle on any lands, which the limits of the counties of northampton, northumberland, or luzerne, by virtue or under colour of any conveyance of half share right, or any other pretended title, not derived from the authority of this commonwealth, or of the late proprietaries of pennsylvania before the revolution, such person, upon being duly convicted thereof, upon indictment in any court of oyer and terminer, or ..... jenkins, did, after the 11th of april 1795, at the county of luzerne, conspire and combine for the purpose of conveying, possessing, and settling, on lands within the said county, under a pretended title not derived from the authority of this commonwealth, or of the late proprietaries of pennsylvania before the revolution, contrary to the form of an act of general assembly of this commonwealth, passed the 11th of ..... the jurisdiction of this court, unlawfully did combine and conspire, for the purpose of conveying, possessing, and settling, on certain lands within the limits of the county aforesaid, under a certain pretended title not derived from the authority of this commonwealth, or of the late proprietaries of pennsylvania before the revolution, to the evil example of all others in like manner offending, contrary to the form of ..... conveying, possessing, or settling on any lands within the limits aforesaid, under any half share right or pretended title as aforesaid; or for the purpose of laying out townships by persons not entitled or acknowledged, by .....
Tag this Judgment!Court : US Supreme Court
..... the annexed state of a case be filed as of june term 1800, in the nature of a special verdict, with an entry of the confession of lease entry and ouster; that judgment be rendered thereon for the plaintiff, without prejudice to the title, or right, of either party; that a writ of error on the said judgment be taken from the supreme court, tested as of the last day of last december term of the same court, and returnable in the same court on the ..... between the 2d day of september 1797 and the 31st of may following, the title to the premises in question was legally vested in the plaintiff in error, and could never afterwards be divested by any fiction of law ..... from the very nature and operation of a trust, the legal title, an estate in fee, immediately passed from m'clenachan to the trustees. 2 bl ..... the material facts, contained in the case, to which the agreement refers, were these: 'that the title deeds of the land, mentioned in the declaration, were delivered to mr. ..... the immediate question to be decided was, whether, under the circumstances stated, the deed of trust from m'clenachan to dallas and huston, was valid, or void, in relation to the title acquired by the plaintiff in page 4 u.s. ..... the legal title passed on the execution of the deed, and the trust immediately attached to the ..... and there is a valuable consideration in law, for the trust deed, though it is no more than five dollars; which, however, coupled with a fair intention, completely vests the title in the trustees. 2 bl. c. .....
Tag this Judgment!Court : US Supreme Court
..... issued from the land-office under the act aforesaid, whether by warrant or patent, good and effectual in law against this commonwealth, or any person claiming under the act aforesaid, in cases where such titles have issued on the authority, and have been grounded upon the certificates of two justices of the peace, usually called 'prevention certificates,' without any other evidence being given of the nature, and circumstances of ..... from the land-office, under the act aforesaid, whether by warrant or patent, good and effectual in law against this commonwealth, or any person claiming under the act aforesaid, in cases where such titles have issued on the authority and have been grounded upon the certificates of two justices of the peace, usually called prevention certificates, without any other evidence being given of the nature and circumstances of such ..... but it is not submitted to us to draw the line of property to these lands; they must be left to the cool and temperate decisions of others, before whom the questions of title may be agitated: we are confined to the wager on the matters before us; and on both questions we have given you our dispassionate sentiments, formed on due reflection, according to the best of ..... 'no warrant or survey for those lands shall vest any title, unless the grantee has, prior to the date of such warrant, made, or caused to be made; or shall within the space of two years next after the date of the same, make, or cause to be made, an actual settlement .....
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