John Catron

Name: Moore v. Brown — Dissent
Author: John Catron

Moore v. Brown — Dissent

Summary

“Moore v. Brown — Dissent”, is a work by John Catron. It explores elements such as deed, auditor and title.

Quotes from Moore v. Brown — Dissent (John Catron)

John Catron, Moore v. Brown — Dissent

“ But the agreement cuts off all power of inquiring as to what the true construction of the law is; it concludes the question, and forces us to hold that the auditor sold without authority, and that his deed is void on its face; whereas the deed recites, that the land had been sold 'in conformity with all the regulations of the several acts in such cases made and provided.' It refers to no one particular law, and is fair on its face; nor could any man, not learned in the law, suppose to the contrary. ”

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Source: Wikisource

John Catron, Moore v. Brown — Dissent

“ And as the act of Illinois applies to actual residents, and to no others, it is entitled to a liberal construction. The one contended for is, that he who takes title by deed of record, or under one claiming by deed of record, made by a public officer with general power to sell for non-payment of taxes, is bound to know the law authorizing the officer to sell and convey; and if he fails to ascertain the law by negligence, he is held to knowledge that power was wanting, if such be the fact; that, purchasing with presumed knowledge, his title is taken in bad faith ”

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Source: Wikisource

John Catron, Moore v. Brown — Dissent

“ And still worse policy would it be, to leave them open to speculating purchasers, buying up doubtful titles over their heads, under the act of 1845, which allows of such purchases in Illinois. Harassment and ruin inflicted on the unsuspecting many, by the well-informed and unscrupulous few, must be, as it ever has been, the consequence of stripping cultivators of the soil of their titles by unfavorable and strained constructions; and therefore acts of limitation have at all times been liberally construed to protect cultivators in homes where their families were, and had usually grown up. ”

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Source: Wikisource

John Catron, Moore v. Brown — Dissent

“ If it be true that the purchaser under a tax sale and deed is bound to ascertain the law, and if the deed is found to be void when tested by the law, and the acts done under it, no connection can be established, nor protection had, under the act of limitations ”

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Source: Wikisource

John Catron, Moore v. Brown — Dissent

“ This court stands exposed to impositions by fictitious cases more than other courts do, for several reasons. We have adopted it as a rule of practice, that third persons cannot be heard to prove before us that a case pending on our docket is feigned, and a decision sought at our hands intended alone to affect other men's rights, by combination of the parties of record. ”

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Source: Wikisource

John Catron, Moore v. Brown — Dissent

“ Certainly not Illinois farmers, many of whom do not even read or speak our language.
In the next place, a written argument is furnished to us by the plaintiff, coming from Illinois, presenting his case in the most cogent manner, on which it is submitted; whereas, the defendants make no appearance here by counsel, set up no defence, but give the plaintiff every advantage he may desire, or can possibly have. ”

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Source: Wikisource

John Catron, Moore v. Brown — Dissent

“ It operates inflexibly, and on principle, regardless of particular cases of hardship. The condition of society, and protection of ignorance as to what the law was, required the adoption of this rule. This is plainly so. ”

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Source: Wikisource

John Catron, Moore v. Brown — Dissent

“ And, taking the State throughout, a much greater quantity than this, no doubt, is held under tax sales, and auditor's deeds, like the one before us. It conforms to the act of 1826, which prescribes a form, and applies to deeds founded on previous and subsequent tax sales. Auditor's deeds, in the military tract, are the most usual title. Under this state of things, that section of country has been settled and highly improved by a large population; cultivators confidently relying on these deeds as valid titles.
The Supreme Court of Illinois held, in the case of Garrett v. ”

John Catron

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