The American Decisions Volume 98; Cases Of General Value And Authority Decided In The Courts Of Several States

 The American decisions Volume 98; cases of general value and authority decided in the courts of several states Text fb2 ebook

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 Excerpt: ...of a tract of land,--one third of a league,--which was sold by the said former administrator as part of the estate of his intestate. The land was sold by the administrator under a decretal or...

Paperback: 458 pages
Publisher: (May 18, 2012)
Language: English
ISBN-10: 123613334X
ISBN-13: 978-1236133342
Product Dimensions: 7.4 x 0.9 x 9.7 inches
Format: PDF ePub fb2 djvu book

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probate court of De Witt County. The defense set up by appellant against a recovery on said note was, that the said administrator sold said land--one third of a league--as land which had been granted to one John W. Hall, selling at said sale "all right, title, and interest which said York's estate bad to said land," when in fact and in truth the said estate had no right, title, or interest in said land at all, neither at the time of sale nor at any other time. The answer of the defendant alleges that there was no "grant" ever made for said land, but that the said one third league was located and surveyed by virtue of a land certificate purporting to have issued to said Hall on the 3d of February, 1838, by the board of land commissioners of Washington County, for R. E. Williams, administrator of John York, deceased, who was assignee of John Hall, on the seventeenth day of October, 1855. It appears, also, that the said certificate No. 72 was an unrecommended one; in other words, was rejected by the board of land commissioners appointed under the act to detect fraudulent land certificates, which took effect on the sixteenth day of March, 1840, and was never subsequently established by any proceeding in the district courts of the country, as was authorized by law up to the first day of July, 1847, when the constitutional bar was interposed, and thenceforth all such certificates were declared absolutely null and void. The proof shows that a survey was first made upon said certificate in 1855, for one half-league only, and on 10th of December, 1...