A Practical Treatise on the Power to Sell Land for the Non-payment of Taxes: Embracing the Decisions of the Federal Courts, and of the Supreme Judicial Tribunals of the Several StatesLittle, Brown, 1869 - 684 pages |
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Page 38
... appear upon the face of the record or proceeding itself that the contingency existed , or at least was alleged , which authorized it to proceed under the statute and make the order . " 1 The language of C. J. Marshall is similar . He ...
... appear upon the face of the record or proceeding itself that the contingency existed , or at least was alleged , which authorized it to proceed under the statute and make the order . " 1 The language of C. J. Marshall is similar . He ...
Page 39
... appear , in order to show that the proceedings are coram judice . " 1 In other words , all of the facts which are essential to the exercise of the power , must affirmatively appear upon the face of the record ; they cannot be supplied ...
... appear , in order to show that the proceedings are coram judice . " 1 In other words , all of the facts which are essential to the exercise of the power , must affirmatively appear upon the face of the record ; they cannot be supplied ...
Page 41
... appear that this order was made by virtue of that power , & c . The words of the act are peremptory . I cannot , therefore , say that these words are merely directory . Power is given to the magistrates to take away , on certain ...
... appear that this order was made by virtue of that power , & c . The words of the act are peremptory . I cannot , therefore , say that these words are merely directory . Power is given to the magistrates to take away , on certain ...
Page 42
... appear to be so on the face of the proceedings . " The last cases cited arose collaterally , and the proceedings , in each case , were treated as nullities . It will thus be seen , that the common - law rule which dis- tinguishes ...
... appear to be so on the face of the proceedings . " The last cases cited arose collaterally , and the proceedings , in each case , were treated as nullities . It will thus be seen , that the common - law rule which dis- tinguishes ...
Page 60
... appear that the provisions of law preparatory to , and authorizing such sale , have been punctiliously complied with . " 4 Another , that " a minute conformity to every particular of the several acts of the assembly , is necessary to ...
... appear that the provisions of law preparatory to , and authorizing such sale , have been punctiliously complied with . " 4 Another , that " a minute conformity to every particular of the several acts of the assembly , is necessary to ...
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Common terms and phrases
acres adverse possession advertisement amount application assessment assessor auditor authority certificate Circuit Court clerk collector common law complied Constitution construction construed convey conveyance court of equity Curtenius declared defective defendant delinquent divested duty equity execution fact femes covert former owner Gilm grant Greenl heirs held void illegal Illinois intended interest Judge judgment jury justice land sold law requires legislature levy lien Massachusetts ment notice officer Ohio onus probandi paid party pay the tax payment Penn person plaintiff possession prescribed presumption principle proceedings proof proprietor prove purchaser question recital record redeem redemption remedy rule sell sheriff sheriff's deed Smedes Smith sold for taxes South Carolina statute Stead's Executors Supreme Court tax deed tax sale tax title taxation taxes due term thereof tion town tract of land unseated validity valuation vested Watts Wend Wisc
Popular passages
Page 22 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not therefore to be considered the law of the land.
Page 19 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 196 - Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part...
Page 23 - That they were intended to secure the individual from the arbitrary exercise of the powers of government unrestrained by the established principles of private rights and distributive justice.
Page 9 - That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.
Page 16 - The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Page 557 - Discretion, when applied to a court of justice, means sound discretion guided by law : it must be governed by rule, not by humour ; it must not be arbitrary, vague and fanciful, but legal and regular " : per Lord afansfield, in Rex vs.
Page 199 - That the land or lot was advertised for sale in the manner and for the length of time required by law.
Page 12 - That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause, of the accusation against him; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor...
Page 12 - The free communication of thoughts and opinions is one of the invaluable rights of man ; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.