Henry Baldwin

Name: Hollingsworth v. Barbour — Opinion of the Court
Author: Henry Baldwin

Hollingsworth v. Barbour — Opinion of the Court

Summary

“Hollingsworth v. Barbour — Opinion of the Court”, is a work by Henry Baldwin. It explores elements such as Hamlin, complainant and decree.

Quotes from Hollingsworth v. Barbour — Opinion of the Court (Henry Baldwin)

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ There is no evidence in this case, conducing in the slightest degree to show that John Abel Hamlin left any heirs capable of inheriting his estate. There is nothing for the complainant to rest upon but presumption. Although it may sometimes be presumed that a decedent left heirs rather than that he left none; it is not clear to my mind that the presumption should be indulged in a case like this, so far as to uphold the title of the complainant. It is but a presumption of fact in any case, and like other presumptions, may be repelled by countervailing facts and presumptions. ”

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Source: Wikisource

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ Even the indulgence of a general presumption that Hamlin left kindred, who, if citizens of the United States or of France, could inherit his estate, would not avail the complainant, without going the full length of presuming also that such kindred were in fact citizens or Frenchmen. The presumption that Hamlin left any kindred, citizens of the United States, is strongly repelled by the statements of Hollingsworth's bill in the Washington circuit court ”

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Source: Wikisource

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ Twenty-five years intervened between the death of John A. Hamlin and the exhibition of the complainants' bill against his unknown heirs in the Washington circuit court; and although it appears that he, until his death, and the complainant resided in the city of Philadelphia, and were personally known to each other; no heir ever appeared to claim his estate, nor did Hollingsworth ever ascertain the existence of any such heir. Nearly forty years have transpired since the death of Hamlin, and no heir has yet been heard of. ”

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Source: Wikisource

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ Entertaining the opinion, as the foregoing observations have shown, that the complainant has failed to show himself legally invested with the claim and title of John Abel Hamlin, or of his heirs, if he left any, so as to enable him to set up the entries, surveys and patent, in the name of John A. Hamlin, against the legal title and long possession of the defendants; all investigation of the relative merits of the original claims is necessarily superseded.'
The decree of the circuit court dismissing the bill of the complainant is affirmed, with costs. ”

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Source: Wikisource

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ The third section of this act provides, that 'where any person or persons, their heirs or assigns, claim land as locator, or by bond or other instrument in writing, they may institute a suit in equity, having jurisdiction in such cases; and where the party having died, and the legal title descended to his heirs, the complainant may proceed to obtain a decree for the land, though the particular names of the heirs be unknown, and not particularly named in the suit ”

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Source: Wikisource

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ They are not properly exceptions: the law regards the seizure of the thing as constructive notice to the whole world; and all persons concerned in interest are considered as affected by this constructive notice. ”

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Source: Wikisource

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ It thus appearing from the complainant's allegations in his bill, that the locating and surveying of the warrants, and all the steps necessary to the completion of the title were done by Stevens, who was employed for that purpose, first by Hamlin, and afterwards by himself, and that his services were compensated by money; it becomes unnecessary to consider the other matters set forth by the complainant. ”

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Source: Wikisource

Henry Baldwin, Hollingsworth v. Barbour — Opinion of the Court

“ That before the circumstances of Hamlin became desperate, he had, in co-operation with a person who owned some Virginia warrants, made an agreement with Benjamin Stevens of New Jersey, to locate their respective warrants; which agreement was ratified by the complainant, who paid to Stevens one hundred and twenty-three pounds eight shillings and nine pence, Pennsylvania currency, for fees of patenting, &c. and further agreed to make Stevens a liberal compensation for his personal labour ”

Henry Baldwin

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