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 11
... rule regarding irregularities . Failure to take oath or give bond . Execution , necessity for , when to issue , form of . Sales void for want of levy , appraisement , inquisition or notice , or because made at improper time or place ...
... rule regarding irregularities . Failure to take oath or give bond . Execution , necessity for , when to issue , form of . Sales void for want of levy , appraisement , inquisition or notice , or because made at improper time or place ...
Page 19
... rule has been held to be applicable even where per- sonal property , though in another state at the death of its owner , was subsequently brought within the state where the order was made.20 Courts of probate have no power to 16 Freeman ...
... rule has been held to be applicable even where per- sonal property , though in another state at the death of its owner , was subsequently brought within the state where the order was made.20 Courts of probate have no power to 16 Freeman ...
Page 20
... rule is believed to be obsolete in the United States . In its stead we have adopted the rule that a grant of administration , made by a court having jurisdiction of the subject - matter and of the particular case , while it remains unre ...
... rule is believed to be obsolete in the United States . In its stead we have adopted the rule that a grant of administration , made by a court having jurisdiction of the subject - matter and of the particular case , while it remains unre ...
Page 21
... rule would lead to the most embarrassing results . The residence of a deceased person can be deter- mined only by hearing parol evidence . Different judges may reach opposite conclusions from the same evidence . The parties in interest ...
... rule would lead to the most embarrassing results . The residence of a deceased person can be deter- mined only by hearing parol evidence . Different judges may reach opposite conclusions from the same evidence . The parties in interest ...
Page 24
... rule is where the return on the summons shows an insufficient or void service , and the judgment or decree contains recitals or findings in favor of the jurisdiction of the court . In this case the re- cital or finding prevails . The ...
... rule is where the return on the summons shows an insufficient or void service , and the judgment or decree contains recitals or findings in favor of the jurisdiction of the court . In this case the re- cital or finding prevails . The ...
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.