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action agreement alleged amount appeal appellee approved assignment authority bill bonds C. I. Field certificate Circuit Court claim clause Coburn and Ewing commissioner complainant contract corporation Cotton Manufacturing Company counsel County company county court court of equity debt decree deed defendant delivered the opinion Delphos and Burlington District dollars duty Ellis County equity evidence fact filed fraud granted held Illinois Indian Territory interest island issue January January 18 judgment July 23 jurisdiction jury JUSTICE Kansas City company land office letters Louis March ment Mississippi River Missouri mortgage overflowed lands paid park parties patent payment person petition plaintiff in error plat possession probate proceedings protest purchase question Railroad Company Railway received river secure settlement Stat Statement statute suit Supreme Court surveyor surveys swamp and overflowed Territory Texas thereof tion tripartite agreement trust United writ of error
Page 581 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Page 501 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 75 - States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant; nor shall any circuit or district court have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover the said contents...
Page 482 - To this objection, which is of recent date, it is sufficient to observe, that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. * * * The question is at rest, and ought not now to be disturbed.
Page 249 - That its abandonment ought not to be presumed in a case, in which the deliberate purpose of the state to abandon it does not appear.
Page 218 - An assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
Page 121 - An act providing for the sale of the Lands of the United States in the territory northwest of the Ohio, and above the mouth of the Kentucky River...
Page 610 - Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed, unless otherwise ordered by that court, or by the appellate court or a judge thereof, during the pendency of such appeal...