Henry Baldwin

Name: Tayloe v. Thomson's Lessee — Opinion of the Court
Author: Henry Baldwin

Tayloe v. Thomson's Lessee — Opinion of the Court

Summary

“Tayloe v. Thomson's Lessee — Opinion of the Court”, is a work by Henry Baldwin. It explores elements such as Glover, plaintiff and judgment.

Quotes from Tayloe v. Thomson's Lessee — Opinion of the Court (Henry Baldwin)

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ But we know of no rule of law which deprives a plaintiff in a judgment of one remedy by the pursuit of another, or of all which the law gives him. The doctrine of election, contended for by the plaintiff in error, (if it exists in any case of a creditor, unless under the statutes of bankruptcy,) has never been applied to a case of a defendant in execution discharged under an insolvent act, by operation of law: a contrary principle is recognized, as well settled, in 5 East, 147. ”

[↩︎]

Source: Wikisource

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ The next question which arises is, whether the proceedings which have been had on the judgment in question, prior to the execution on which this lot was sold, have impaired or annulled its lien. The plaintiff had an undoubted right to an execution against the person, and the personal or real property of the defendant: he has his election; but his adoption of any one does not preclude him from resorting to the other, if he does not obtain satisfaction of the debt on the first execution. ”

[↩︎]

Source: Wikisource

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ The lot in question was not the property of Glover at the time of his application for the benefit of the law: he had conveyed it in fee in January 1819, and received the purchase money, and therefore neither could have any property in the lot, or right or credit arising from the sale: nothing to deliver up to his creditors or convey to the trustee: no question could arise between them and the judgment creditor: and the trustee could have no right to sell the lot, and distribute the proceeds among the creditors of Glover. ”

[↩︎]

Source: Wikisource

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ In the present case we must consider Thomson as the plaintiff in the judgment on which the lot in controversy has been sold, and that the sale may be open to objections, which would not be good against a stranger purchaser; but we can perceive in the case stated no facts which in any manner legally invalidate his purchase. He had a right to make use of the ca. sa. until he obtained satisfaction. The escape of Glover, by his breach of prison bounds, could not effect the lien of the judgment. ”

[↩︎]

Source: Wikisource

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ The adjudications of their courts; the settled and uniform practice and usage of the state, in the practical operation of its provisions, evidencing the judicial construction of its terms; are to be considered as a part of the statute: and as such furnishing a rule for the decisions of the federal courts. The statute and its interpretation form together a rule of title and property, which must be the same in all courts. ”

[↩︎]

Source: Wikisource

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ This law can have no application to real estate, which never did and never could come into the hands of the trustee for distribution; but left the judgment creditor with all his rights to enforce the lien of his judgment on lands of the debtor in the hands of the plaintiff in error; who purchased after its rendition, and must hold it as the debtor did, subject to its lien. ”

[↩︎]

Source: Wikisource

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ His remedies are cumulative and successive; which he may pursue until he reaches that point at which the law declares his debt satisfied. A ca. sa. executed does not extinguish it. If the defendant escape, or is discharged by operation of law, the judgment retains its lien, and may be enforced on his property. The creditor may retake him, or sue the sheriff for the escape. A judgment against him does not amount to a satisfaction of the original debt, but it retains its lien until the plaintiff has done or consented to some act, which amounts in law to payment ”

[↩︎]

Source: Wikisource

Henry Baldwin, Tayloe v. Thomson's Lessee — Opinion of the Court

“ To which judgment the defendant below sued this writ of error.
The first point made by the plaintiff in error is, that by the law of Maryland; which, it is admitted is the rule by which this point is to be determined; a judgment is no lien on real estate before execution issued and levied. ”

Henry Baldwin

Summary

Quotes from Tayloe v. Thomson's Lessee — Opinion of the Court (Henry Baldwin)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature