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
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Page 21
... decision , such decision , if the court has jurisdiction of the parties , is conclusive , and not subject to any col- lateral attack . " ' 24 Hence , in a case where a probate court has , upon a petition asserting the essential ...
... decision , such decision , if the court has jurisdiction of the parties , is conclusive , and not subject to any col- lateral attack . " ' 24 Hence , in a case where a probate court has , upon a petition asserting the essential ...
Page 32
... decisions in this state - uniformly holding to the same rule - has determined that the application of an executor or administrator for the sale of lands belonging to the estate is a special and independent proceeding ; that the ...
... decisions in this state - uniformly holding to the same rule - has determined that the application of an executor or administrator for the sale of lands belonging to the estate is a special and independent proceeding ; that the ...
Page 56
... decisions sustains an adverse theory - one under which the title of the fraudu- lent purchaser is , while in his hands , regarded as void , and therefore as capable of being resisted not less successfully at law than in equity . " ' 184 ...
... decisions sustains an adverse theory - one under which the title of the fraudu- lent purchaser is , while in his hands , regarded as void , and therefore as capable of being resisted not less successfully at law than in equity . " ' 184 ...
Page 59
... decision should not be binding , and should not preclude the re - asser- tion of any matter which was either passed upon by the court , or which the parties might have had passed upon if they had chosen to bring it to the attention of ...
... decision should not be binding , and should not preclude the re - asser- tion of any matter which was either passed upon by the court , or which the parties might have had passed upon if they had chosen to bring it to the attention of ...
Page 76
... decisions of the American courts , and concluded as follows : " Noth- ing could be more unjust , we may repeat , than to permit a person to sell a tract of land and take the purchase - money , and then , because the sale happens to be ...
... decisions of the American courts , and concluded as follows : " Noth- ing could be more unjust , we may repeat , than to permit a person to sell a tract of land and take the purchase - money , and then , because the sale happens to be ...
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 applied assignee Bank bankrupt bankruptcy Blatchf bond Brenham cause Cent Chicago Circuit court citizen citizenship claim Clark confirmation Constitution controversy conveyance court of equity creditor debts decree defendant Dillon Dingee discharge enforce entered equity execution sale executor Federal court filed Freeman on Executions granted guardian heirs held Insurance Insurance Co intoxicating liquors issue Judge judgment judicial sales Judiciary Act July 27 jurisdiction Justice lands legislative legislature levy liable license lien notice Ohio order of sale parties payment pending person petition for removal petitioner plaintiff pleadings probate court probate sales proceed proceedings in bankruptcy purchaser question Railroad Railroad Co real estate remand Revised Statutes right of removal sell sold Stats subrogation suit supra Supreme Court surety testator thereof tion trial 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.