Void Execution: Judicial and Probate Sales, and the Legal and Equitable Rights of Purchasers Thereat, and the Constitutionality of Special Legislation Validating Void Sales and Authorizing Involuntary Sales in the Absence of Judicial Proceedings |
From inside the book
Results 1-5 of 33
Page 34
... amount of personal property that has come into the hands of the administrator and how much remains undisposed of ; 2 , the debts of the decedent ; 3 , the of the heirs is an irregularity merely : Gibson v . Roll , 27 Ill . 92 ; Stow v ...
... amount of personal property that has come into the hands of the administrator and how much remains undisposed of ; 2 , the debts of the decedent ; 3 , the of the heirs is an irregularity merely : Gibson v . Roll , 27 Ill . 92 ; Stow v ...
Page 35
... amount due or to become due on the family allowance ; 4 , the debts , expenses and charges of administration accrued and to accrue ; 5 , a general description of all the real property of which the decedent died seized , or in which he ...
... amount due or to become due on the family allowance ; 4 , the debts , expenses and charges of administration accrued and to accrue ; 5 , a general description of all the real property of which the decedent died seized , or in which he ...
Page 48
... amount of the judgment may vary from the sum for which execution issues . These mistakes and variances are amendable . If no amend- ment is made , and no objection to the form of the writ is interposed by a motion to quash or vacate it ...
... amount of the judgment may vary from the sum for which execution issues . These mistakes and variances are amendable . If no amend- ment is made , and no objection to the form of the writ is interposed by a motion to quash or vacate it ...
Page 55
... amount . " ' 180 Where several distinct par- cels of land are to be sold , each ought to be offered and sold separately , unless it is clear that the union of two or more will augment rather than decrease the aggregate proceeds of the ...
... amount . " ' 180 Where several distinct par- cels of land are to be sold , each ought to be offered and sold separately , unless it is clear that the union of two or more will augment rather than decrease the aggregate proceeds of the ...
Page 64
... amount of his bid . If , on the other hand , the proceedings are perfect , but the defendant , or ward , or decedent , had no title to be sold nor conveyed , the purchaser is nevertheless 224 Freeman on Cotenancy and Partition , sec ...
... amount of his bid . If , on the other hand , the proceedings are perfect , but the defendant , or ward , or decedent , had no title to be sold nor conveyed , the purchaser is nevertheless 224 Freeman on Cotenancy and Partition , sec ...
Other editions - View all
Void Execution, Judicial and Probate Sales, and the Legal and Equitable ... A C 1843-1911 Freeman No preview available - 2015 |
Void Execution, Judicial and Probate Sales, and the Legal and Equitable ... A C 1843-1911 Freeman No preview available - 2015 |
Common terms and phrases
act of March action administrator adverse possession applied assignee authorizing sales Bank bankrupt Blankman Blatchf bond Brenham cause ceedings certiorari Circuit court citizen claim Clark confirmation Constitution conveyance court of equity creditor debtor debts decree deed defect defendant Dillon Dingee discharge enforce entered equity execution sale executor Federal court filing Freeman on Executions granted guardian heirs held injury intoxicating intoxicating liquors issue Judge judgment judicial sales Judiciary Act jurisdiction justice lands legislative legislature letters testamentary levy liable license lien ment notice order of sale paid parties payment pending person petition plaintiff probate court probate sales proceed proceedings in bankruptcy purchaser Purchaser's question Railroad Railroad Co real estate recover removal Revised Statutes Rhode Island rule sell sold special act Stats statute subrogation suit Supreme Court thereof tion Union Pacific Railroad United valid vested void sales Wall writ
Popular passages
Page 9 - Every husband, wife, child, parent, guardian, employer, or •other person, who shall be injured in person, or property, or means of .support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 15 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 32 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Page 12 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 27 - before or at the term at which the cause could be first tried, and before the trial thereof.
Page 32 - A case in law or equity consists of the right of the one party, as well as of the other, and may truly be said to arise under the constitution or a law of the United States, whenever its correct decision depends on the construction of either.
Page 22 - ... shall direct; or the creditor may release or convey his claim to the assignee upon such property, and be admitted to prove his whole debt. If the value of the property exceeds the sum for which it is so held...
Page 93 - ... free government seem to require that the rights of personal liberty and private property should be held sacred. At least no court of justice in this country would be warranted in assuming that the power to violate and disregard them — a power so repugnant to the common principles of justice and civil liberty — lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not to be presumed to part with...
Page 116 - In the government of this State, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connexion that binds the whole fabric of the constitution in one indissoluble bond of unity and amity.
Page 83 - America in the sum of dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, and each of us, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.