Melville Fuller

Name: Deputron v. Young — Opinion of the Court
Author: Melville Fuller

Deputron v. Young — Opinion of the Court

Summary

“Deputron v. Young — Opinion of the Court”, is a work by Melville Fuller. It explores elements such as Donavan, finding and deed.

Quotes from Deputron v. Young — Opinion of the Court (Melville Fuller)

Melville Fuller, Deputron v. Young — Opinion of the Court

“ The opinion of the circuit court upon this point is as follows: 'It is the settled law of Nebraska that the title of a purchaser at an execution sale depends not alone upon his bid or payment of the purchase money, but upon the confirmation of the sale; also that one purchasing at an execution sale submits himself to the jurisdiction of the court as to matters affecting that sale, and that a court has power during the term to vacate or modify its own orders or to rescind decrees. ”

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Source: Wikisource

Melville Fuller, Deputron v. Young — Opinion of the Court

“ Irwin, 8 Neb. 5, which was an appeal by Curson from the order setting aside the confirmation and the sale under consideration here, which order was, however, affirmed. If Sessions, the judgment creditor, received $30 from Curson, respecting which there is no finding, he became Curson's debtor to that amount, and, as argued for defendant in error, Curson might have a right to be compensated out of the moneys collected upon the judgment, but the operation of the order setting aside the confirmation was to defeat any claim of title on the part of Curson or his grantee. ”

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Source: Wikisource

Melville Fuller, Deputron v. Young — Opinion of the Court

“ The governmental subdivision would be, if accurate, 80 rods long by 40 rods wide, and the finding and judgment describe a tract 1,400 feet in length by 750 feet in width, less a parcel in the south-west corner; but excess in acreage frequently occurs in government surveys, and, as the finding is that the description there given and followed in the judgment is the description of the premises in dispute, we perceive no ground for interference. There being no error, the judgment is affirmed. ”

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Source: Wikisource

Melville Fuller, Deputron v. Young — Opinion of the Court

“ In addition to the Donavan deed and the tax-deeds, it is urged on behalf of the plaintiff in error that he made out title under a sale on execution. One Sessions, on May 19, 1877, recovered a judgment in the district court of Lancaster county, Neb., against Jane Y. Irwin, upon which execution was issued and levied on 40 acres, of which the premises in controversy were a part, and sale made to one Curson for $30, which sale was confirmed October 10, 1877, and a deed of the 40 acres made by the sheriff, and recorded on the same day; the land being worth at that time $20,000. ”

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Source: Wikisource

Melville Fuller, Deputron v. Young — Opinion of the Court

“ The rule is well settled that 'in the case of a naked power, not coupled with an interest, the law requirest hat every prerequisite to the exercise of that power should precede it. The party who sets up a title must furnish the evidence necessary to support it. ”

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Source: Wikisource

Melville Fuller, Deputron v. Young — Opinion of the Court

“ The act of 1861, under which the deed was executed, provides, at section 60, 'that such conveyance shall be executed by the county treasurer under his hand and seal.' Then follows the statutory form of such deed, concluding with the words of attestation: 'In testimony whereof the said _____, treasurer of said county of _____, has hereunto set his hand and seal, on the day and year aforesaid. [Seal.] ' The statute has been substantially carried forward throughout all the changes of the revenue laws to the present day. ”

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Source: Wikisource

Melville Fuller, Deputron v. Young — Opinion of the Court

“ Irwin, and a part in the possession of the grantee in the tax-deeds or under him; and the jury find the possession of the premises delivered to the defendant and held by him to have been only a mixed possession. Where the rightful owner is in the actual occupancy of a part of his tract, he is in the constructive and legal possession and seisin of the whole unless he is disseised by actual occupation and dispossession ”

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Source: Wikisource

Melville Fuller, Deputron v. Young — Opinion of the Court

“ The cases cited by the circuit judge show that the purchaser can move for confirmation or to set the sale aside, and can appeal from the order thereon; that he may be compelled to perform his bid; and that he is concluded by the result of the proceedings to confirm or annul the same, And see Paulett v. Peabody, 3 Neb. 197; Shann v. Jones, 19 N. J. Eq. 251; Requa v. Rea. 2 Paige, 339; Barker v. Richardson, 41 N. J. Eq. 656, 7 Atl. Rep. 637. That such is the rule in Nebraska is quite convincingly shown by the case of Sessions v. ”

Melville Fuller

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