George Shiras, Jr.

Name: Ankeny v. Clark — Opinion of the Court
Author: George Shiras, Jr.

Summary

“Ankeny v. Clark — Opinion of the Court”, is a work by George Shiras, Jr.. It explores elements such as plaintiff, the United States and defendant.

Quotes from Ankeny v. Clark — Opinion of the Court (George Shiras, Jr.)

George Shiras, Jr., Ankeny v. Clark — Opinion of the Court

“ If we are right in the conclusion that the defendant's title to the land in dispute was imperfect, and subject to be defeated by the United States in asserting their right to be paid the costs of survey, it is not necessary to consider whether the defendant made a proper tender of a deed of conveyance, or whether the deed was in the form called for by the contract, or whether the plaintiff waived a tender of the deed. ”

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Source: Wikisource

George Shiras, Jr., Ankeny v. Clark — Opinion of the Court

“ The trial court having thought fit to peremptorily direct the jury to find a verdict for the plaintiff in a stated amount, the defendant is obviously entitled to the benefit of every fact and presumption which might have justly controlled the jury in his favor, or, in other terms, the plaintiff must be able to sustain his judgment as the proper conclusion of the law upon the uncontradicted or admitted facts of the case. ”

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Source: Wikisource

George Shiras, Jr., Ankeny v. Clark — Opinion of the Court

“ Again, it is contended that the plaintiff was in no position to rescind, because he had not himself fully complied with his part of the contract, in that he had not paid the mortgage of $3,000 that was on the land, and the payment of which he had assumed. If, however, the defendant had no sufficient title to the land, that would relieve the plaintiff from the duty of paying the incumbrance. It cannot be plausibly maintained that, before a vendee can decline to accept an imperfect title, he must pay off a mortgage whose payment was to constitute part of the purchase money. ”

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Source: Wikisource

George Shiras, Jr., Ankeny v. Clark — Opinion of the Court

“ The course of the district court at the trial was approved by the supreme court of the territory, and surely cannot now be impugned because, in a later and different case, arising in the courts of the new state, the supreme court of the state declares the methods to be followed by the courts of the state. Even if, as a matter of technics, the replication was a departure from the complaint, it is not easy to see how the defendant could have availed himself of such a defect in a court of error. ”

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Source: Wikisource

George Shiras, Jr., Ankeny v. Clark — Opinion of the Court

“ He further alleged that the wheat mentioned in his complaint or declaration, except an excess thereof over the requirements of said bond, was the purchase price of the land; and that, by reason of defendant's neglect and refusal and inability to perform the said contract, the defendant became and was indebted to plaintiff for the reasonable value of said wheat; and that such demand constituted the cause of action in the complaint pleaded. ”

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Source: Wikisource

George Shiras, Jr., Ankeny v. Clark — Opinion of the Court

“ Turning to the pleadings and to the stipulation as to the facts, we find that the defendant did not aver in his answer, nor was it admitted in the stipulation, that the railroad company had complied with the necessary conditions as to payment of costs of survey, nor was it alleged or admitted that a patent had been issued to the railroad company for the lands in question. ”

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Source: Wikisource

George Shiras, Jr., Ankeny v. Clark — Opinion of the Court

“ His proper course, if he wished to invoke the rigor of the law, was to raise the question either by a demurrer or by a motion; but his conduct in agreeing to a change of venue, after the pleadings had been perfected, in entering into a stipulation as to the principal facts of the case, and in going to trial upon the issue as made up, ought to preclude him from opening the pleadings at the trial. ”

George Shiras, Jr.

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