John McLean

Name: McLearn v. Wallace — Opinion of the Court
Author: John McLean

McLearn v. Wallace — Opinion of the Court

Summary

“McLearn v. Wallace — Opinion of the Court”, is a work by John McLean. It explores elements such as mortgage, debt and real estate.

Quotes from McLearn v. Wallace — Opinion of the Court (John McLean)

John McLean, McLearn v. Wallace — Opinion of the Court

“ The general management of the real estate, it seems, in Georgia, during the minority of the heirs, devolves upon the executor or administrator: and from the representations of certain gentlemen in the state, who have held high judicial stations, it appears, that the executor or administrator does exercise a very great, if not unlimited control over the management of the real estate of the deceased. It is insisted that the real estate descends to the administrator as assets, and that he may bring an action of ejectment in his own name, to recover the possession of it. ”

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Source: Wikisource

John McLean, McLearn v. Wallace — Opinion of the Court

“ The rights of the foreign heirs, under the laws of Georgia, are to be regarded equally as those of the domestic heirs. Each have interests in the property of the deceased, which are alike entitled to the consideration and protection of a court of chancery.
Suppose James H. McLearn had died leaving a will, by which he devised different tracts of land to different persons capable of taking by devise, and the entire real estate was incumbered by a mortgage, or other lien, which, after the will took effect, had been paid by sale of one of the tracts of land. ”

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Source: Wikisource

John McLean, McLearn v. Wallace — Opinion of the Court

“ At the decease of James H. McLearn, his estate, both real and personal, was incumbered by a mortgage, for the payment of which the land was sold. And this mortgage was given in discharge of a judgment which was obtained against his father, Archibald McLearn, in his lifetime, and which bound the real and personal property covered by the mortgage. A considerable part of this debt was incurred, it seems, by the purchase of this plantation. But the argument that the vendor and his assignee have an equitable lien on the land for the purchase money, seems not to be well founded. ”

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Source: Wikisource

John McLean, McLearn v. Wallace — Opinion of the Court

“ The domestic heirs cannot claim to receive the land free from the lien of the mortgage, nor can the foreign heirs claim the personal property exempt from it. In equity it would seem that each description of heirs should contribute to the payment of the mortgage debt, in proportion to the fund received. ”

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Source: Wikisource

John McLean, McLearn v. Wallace — Opinion of the Court

“ There is no doctrine better established than that the purchase of land, subject to a mortgage debt, does not make the debt personal; and on the question being raised, such debt has been uniformly charged on the land. ”

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Source: Wikisource

John McLean, McLearn v. Wallace — Opinion of the Court

“ The preamble of this act refers only to the estates of citizens of Georgia who bequeath their property to persons residing in foreign parts; but the first section seems to refer as well to cases of intestacy, as where wills have been made.
The complainants contend, that the words in this statute, 'shall leave no heir who can inherit,' should be construed to mean, shall leave no heir next of kin, or devisee, who can inherit, by reason of alienage; that then the real property shall be sold and the proceeds paid over as by the act is required. ”

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Source: Wikisource

John McLean, McLearn v. Wallace — Opinion of the Court

“ The decision of this case must rest upon familiar and well establishe principles in equity; and these principles will be shown by a reference to adjudicated cases. In the case of Pollexfen v. Moore, 3 Atk. 272, it appears, Moore, in his lifetime, agreed to purchase an estate from the plaintiff for 1200 pounds, but died before he had paid the whole purchase money. Moore, by will, after giving a legacy of 800 pounds to the defendant his sister, devises the estate purchased and all his personal estate to John Kemp, and makes him his executor. ”

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Source: Wikisource

John McLean, McLearn v. Wallace — Opinion of the Court

“ This construction is not shaken by the act of the 23d December 1789, which provides that, 'should any case arise which is not expressly provided for by this act, respecting intestates' estates, the same shall be referred to and determined by the common law of this land, as it hath stood since the first settlement of this state; except only, that real and personal estate shall always be considered in respect to such distribution, as being precisely on the same footing.'
The case under consideration is not unprovided for by the laws of the state ”

John McLean

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