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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Page 1 of about 65,310 results (0.019 seconds)

1795

VANHORNE'S LESSEE Vs. DORRANCE

Court : US Supreme Court

..... estate at law. deeming the construction, which has been put upon the act, to be the sound one, it precludes the enquiry, how far a patent of confirmation was necessary to substantiate the claim of the page 2 u.s. 304, 319 defendant, so as to render it available in a court of ..... , that they might admit and approve of such as were supported by satisfactory evidence, and make return thereof to the executive council, who should thereupon cause patents to be issued for their confirmation. until the commissioners had decided in favor of a claim, it remained in statu quo; the act did not cover ..... duly supported, the equivalent, by them allowed, may be taken either in the old or new purchase, at the option of the claimant; and warrants, and patents, and all other acts of the public offices relating thereto, shall be performed free of expence. the said board shall also allow such a quanity of vacant ..... return of lot no. 20, to thomas van horne. a separate return was made accordingly, and marked on the general survey of march 1771. 9. *patent from thomas and john penn to thomas van horne for lot no. 20. the consideration money was paid agreeably to contract. 10. *deed from thomas van horne ..... surveyed; that they shall make return of their surveys and their book of entries to the supreme executive council, who shall cause patents to be issued for their confirmation, and each patent shall comprehend all the parcels of land, which are to be confirmed to the same claimant, to whom, by the return of .....

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1796

Perit Vs. Wallis

Court : US Supreme Court

..... the condition; and the plaintiff replied non-performance, assigning as a breach of the condition, that the defendant did not, within six months after the execution of the bond, obtain patents for the lands, and convey them, or cause them to be conveyed, to the plaintiff. on these pleadings issue was joined, the cause was tried, and a verdict was given ..... the above bounden samuel wallis doth, within six months from the date hereof, well and truly obtain from the land office of the state of pennsylvania aforesaid, good and sufficient patents for all the lands described and conveyed within the deed aforesaid, as reference being thereunto had will appear, and convey or cause them to be paid to the said peletiah ..... said peletiah webster a certain tract of land therein described, containing 12,625 acres, and contracted to make a clear title in fee, under a patent or patents from the state of pennsylvania, for the same: and whereas patents for the said lands have page 2 u.s. 252, 253 not yet been obtained: now know ye, that the condition of the above .....

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1799

Sims' Lessee Vs. Irvine

Court : US Supreme Court

..... declarations of highly respectable gentlemen of long experience in this state that a warrant and survey, where no money remained to be paid and a patent was only to ascertain that all previous requisites had been complied with, has been uniformly deemed a legal title, as opposed to an equitable ..... of the said land under pennsylvania, in which state payment, or as in this case, consideration passed, and a survey, though unaccompanied by a patent, gives a legal right of entry which is sufficient in ejectment. why they have been adjudged to give such right, whether from a defect of ..... april, 1787, having previously returned a survey into the office of the surveyor general of pennsylvania, of the lands in the declaration mentioned, obtained a patent for the same in due form, dated 19 april, 1787." "the jury finds another law of pennsylvania enacted 26 march 1785, entitled 'an act ..... adjusted and settled." "v. and be it further enacted that all surveys upon entries, the execution of all warrants, and the issuing of patents for lands within the said territory shall also be suspended until the said dispute shall have been finally adjusted and settled, but that such suspension shall ..... the rights acquired by individuals from either state were "saved and confirmed." held that by the confirmation, sims obtained a title as effectual as any patent could have been, the convention having been subsequently ratified by an act of the legislature of pennsylvania. the terms in the same must be expounded .....

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1800

Com. of Pennsylvania Vs. Coxe

Court : US Supreme Court

..... annexed form of certificates, viz. resolved, that the following be the form of the certificate, or certificates, to be produced to the secretary of the land office, before any patent or patents shall issue for lands lying north and west of the rivers ohio and alleghany and conewango creek, and that the same be signed by the proper deputy surveyor of the ..... the government. that point, however, is not urged; for, every argument, used on the present occasion, to oppose the mandamus, is perfectly consistent with the idea of future grants, or patents, being issued to the halland company, if they persevere, and, in a reasonable time, comply with the requisites of the condition precedent. 2d. what have the holland company performed to ..... , over what has been sanctioned with the seal of office; intrusions and forcible entries will generate riots and civil feuds; the company will be despoiled of every benefit from their patents, their labours, and their disbursements; and, if right is not to be passively surrendered to violence, the state will ultimately find another insurrection to suppress. to avert the danger ..... principles of their contract, they 'persisted in their endeavours:' for, even after the board of property had decided, that they had acquired a legal title to the lands, and issued patents in their favour; even at the moment of the present discussion; they have been, and are, employed (anxiously, laboriously, and expensively, employed) in completing the settlement and improvement of .....

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1802

Attorney General Vs. Grantees

Court : US Supreme Court

..... objection, the patentees will be deprived of their land, when other satisfactory and legal evidence was, and is, in their power, to prove the circumstances which entitled them to patents. 'without recurring to the many other obvious objections to the form and provisions of the act of assembly, we are confident that the view which has been offered upon the ..... so persisted in their endeavours to perform the condition, as to be still within the benefit of the proviso? and, 5th. whether the government, by prescribing the evidence, on which patents had actually issued, in cases brought within the proviso, could now take advantage of the forfeiture, for a supposed non-compliance with the original condition? '3d. but the questions which ..... [ footnote 3 ] in the argument in that case, it was insisted by the counsel for the plaintiffs, that the board of property in their resolves, and the governor by his patent, represented the commonwealth pro hac vice; and that interests vested under them, which could not afterwards be defeated. we cannot subscribe hereto. if the conditions of settlement, improvement, and residence ..... then attorney-general thereon; and on due consideration, a form was afterwards adopted on the 21st of december 1797, which was ordered to be published in the pittsburgh gazette, and patents issued of course, on the prescribed form being complied with. the received opinion of the supreme executive magistrate, the attorney-general, the board of property, and of a respectable part .....

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1803

Marbury Vs. Madison

Court : US Supreme Court

..... of the president, and the performance of which the president cannot lawfully forbid, and therefore is never presumed to have forbidden -- as for example, to record a commission, or a patent for land, which has received all the legal solemnities; or to give a copy of such record -- in such cases, it is not perceived on what ground the courts of ..... commission, it has been delivered when executed and given to the secretary for the purpose of being sealed, recorded, and transmitted to the party. but in all cases of letters patent, certain solemnities are required by law, which solemnities are the evidences page 5 u. s. 160 of the validity of the instrument. a formal delivery to the person is not ..... producing to the secretary of state the receipt of the treasurer upon a certificate required by the law, the president of the united states is authorized to grant him a patent. it is further enacted that all patents shall be countersigned by the secretary of state, and recorded in his office. if the secretary of state should choose to withhold this ..... patent, or, the patent being lost, should refuse a copy of it, can it be imagined that the law furnishes to the injured person no remedy? it is not believed that any person whatever .....

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1805

Penn Vs. Klyne

Court : US Supreme Court

..... . for if he had paid, he would have been entitled that moment to a patent: the one was the necessary consequence of the other. men might long forbear to call for this confirmation of their titles, from the inconvenience of paying the ..... length of time. now in a case of this sort, there is no room for presumption, the very circumstance of the defendant appearing in court without a patent, or without shewing, or pretending, that any ever was granted, destroys the page 4 u.s. 402, 410 presumption, which length of time might have created ..... much so as if he had a patent. if the consideration be not paid, then the legal title is not out of the proprietaries; but still the warrant holder has an equitable title, which ..... is unquestionable. 2d. has the defendant a better title? he claims by warrant, in 1747, regularly brought down to him, for 95 acres. he has no patent, but yet by the common law of this state, a warrant and survey, if the consideration be paid, is considered a legal title against the proprietary, as ..... released their claim, when (on the 30th of october 1736) a license was given to each settler (the whole grant computed at 12,000 acres) promising patents, after surveys should be made; that the survey of the said tract of land is either lost, or mislaid; but that from the well known settlements and .....

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1807

Skillern's Executors Vs. May's Executors

Court : US Supreme Court

..... of the 1,050 acres of land, but not the value of the title. the land may be worth $15 an acre, but the title may be worth nothing. the patents had issued by mistake in the name of skillern, and that mistake was owing to may's not having filed the assignment in the proper office. skillern's executors are ..... at law. for skillern's executors it was said that it was not in the power of skillern alone to put an end to the contract. that by surveying and patenting the lands, he had saved them from forfeiture for not surveying within the time limited by law. that although the lands had been sold for taxes, yet the redemption enured ..... same time. the court below decreed a perpetual injunction as to $4,416.66, part of the judgment at law, the same being the value of the 1,050 acres patented in the name of skillern, and decreed payment of the residue out of the real estate of john may, unless it should be otherwise paid, by a day named in ..... acres of first rate elkhorn land, well watered, and lying within ten miles of lexington." skillern, notwithstanding the assignment of his military and treasury warrants to j. may, afterwards obtained patents thereon for 1,050 acres, of the value of $4,416.66. there was no evidence that skillern ever offered to convey those lands to may or his representatives. the .....

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1807

Marshall Vs. Currie

Court : US Supreme Court

..... the district court of kentucky in a suit in chancery in which the plaintiffs in error were the original complainants. the bill complained that the defendant had obtained an elder patent for land covered by the complainants' elder entry, and prayed that the defendant might be compelled to convey to them the legal title. the only question was whether the entry ..... that the complainants' entry was made on 6 august, 1784, and the defendant's on the day following. that the defendant's patent bears date on 14 june, 1787, and the complainants' patent on 3 june, 1796, and that both patents include part of the same land. that the green river and the place called glover's were notorious by those names before ..... therefore reverses the decree of the district court and decrees a conveyance to be executed by the defendant to the complainants of that part of the land contained in his patent which is included in the complainants' survey, and that each party pay their own costs. decree reversed.

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1809

Taylor and Quarles Vs. Brown

Court : US Supreme Court

..... not absolutely unimportant in a court of equity that one of the circumstances has occurred which at law rescues the surplus land in mcdonald's patent from the possibility of being acquired by any other person. an alienation has taken place. the decree, therefore, of the court for the district ..... had lain in the office many years, and was clearly forfeitable, but lord fairfax had not taken advantage of the forfeiture. after his death, a patent issued on a subsequent entry and survey, and the patentee was decreed to convey to the person claiming under the prior entry. in delivering his opinion ..... by any other person or upon any other pretense whatsoever shall be and are hereby declared null and void." notwithstanding this declaration, we find that patents have actually issued under which both parties in this cause claim on surveys made not by the county surveyor in person, but by his assistant ..... , "for settling the titles and bounds of lands, and for preventing unlawful hunting and ranging," enacts "that every survey of lands intended to be patented shall be made and returned by a sworn surveyor duly commissioned for that purpose." let us inquire whether, under this section, the plat and certificate ..... his equity is impaired by the circumstances of the case. the locator of a warrant undertakes himself to find waste and unappropriated land, and his patent issues upon his own information to the government, and at his own risk. he cannot be considered as a purchaser without notice. the equity .....

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