Rose's Notes on the United States Supreme Court Reports (2 Dallas to 241 United States Reports); Showing the Present Value as Authority of All Cases T

 
9781154971941: Rose's Notes on the United States Supreme Court Reports (2 Dallas to 241 United States Reports); Showing the Present Value as Authority of All Cases T

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...3, 1803. Cited in Lewis v. Lewis, 9 Mo. 190 (189), 43 Am. Dec. 545, holding that a register and receiver are special judicial officers and their decisions are final upon pre-emption rights; McGee v. Wright, 16 111. 558, holding that the right of pre-emption which has been adjudicated by the proper authorities will not be inquired into; dissenting opinion in Stephenson v. Smith, 7 Mo. 643, holding that State courts have jurisdiction of proceedings to compel one taking patent in his own name to convey the title to one to whom it belongs; McGehee v. Mathis, 21 Ark. 55, holding that a board of levee commissioners in adjusting the assessment and levy tax acted as ministerial and not as judicial officers. Miscellaneous. Cited in Pollard v. Cocke, 19 Ala. 196, not in point; Gates v. Parmly, 93 Wis. 313, 66 N. W. 259, on question of effect of tax deed. 1 Pet. 670-682, 7 L. Ed. 309, PRAY v. BELT. Clause In will empowering executors to decide in all cases of dispute and" making their decision final will receive such judicial construction as would comport with the reasonable intention of the testator. Approved in Greene v. Huntington, 73 Conn. Ill, 46 Atl. 885, holding where executor under will had authority to construe will, construing will to meari that devise to testator's wife for life, remainder to J. in fee, as vesting beneficial title in J. at testator's death, a devise to J.'s brother for life, remainder to J. if living, would receive same construction and vest beneficial title in J. at brother's death; Ditton v. Hart, 175 Ind. 193, 93 N. E. 966, where will provided that fair and equitable distribution of land / by'devisees with executor as arbiter should be conclusive division, unfair and unjust partition by collusion should be set...

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