Noah Haynes Swayne

Name: McNitt v. Turner — Opinion of the Court
Author: Noah Haynes Swayne

Summary

“McNitt v. Turner — Opinion of the Court”, is a work by Noah Haynes Swayne. It explores elements such as Spotts, the Circuit Court and administrator.

Quotes from McNitt v. Turner — Opinion of the Court (Noah Haynes Swayne)

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ In an action of ejectment the plaintiff must recover, if at all, upon the strength of his own title. The weakness of his adversary's cannot avail him.
The only exception which remains to be considered is to the charge of the court, that the plaintiff had shown title in fee and was entitled to recover. That exception is thus set out in the record: 'To which opinion and decision of the court the defendant then and there excepted, at the time of the said charge.' The chain of the plaintiff's title, as exhibited on the trial, consisted of many links. ”

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Source: Wikisource

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ The whole proceeding of converting realty into assets is a statutory and extraordinary one, and very dangerous to the rights of minors always. The 98th section of the statute relied on allows the sale by an administrator for debts only where the intestate has died seized. Seizin is a condition precedent: and of course it must be averred in the petition that the party did die seized. Now—
1st. "Leaving" an estate is not equivalent to being "seized" of it. There are many rights in land inferior to "seizin." Indeed, a party may be disseized and yet own an estate, which he may recover by writ. ”

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Source: Wikisource

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ Spotts had neither died "seized" of nor "leaving" the land. How does the condition come into existence, by the fall of the auctioneer's hammer and the execution of the deed? It cannot so come into existence. The attempted answer begs the whole question.
2. The intestate was a non-resident, a citizen of Louisiana. It does not appear that he had ever been in Illinois. Now, the 51st section of the statute relating to wills is imperative, that in such a case the probate judge must do one thing, and one thing only. He must grant administration to the public administrator. ”

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Source: Wikisource

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ The subscriber, as administrator of the estate of Samuel Spotts, deceased, will make application to the Circuit Court of Adams County, and State of Illinois, at the next September Term thereof, for leave to sell the following real estate, belonging to the said Samuel Spotts, or so much thereof as will be sufficient to pay his debts, his personal estate being insufficient to pay the same. All persons interested in said estate are requested to show cause, if any they have, why it should not be sold for the purposes aforesaid. ”

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Source: Wikisource

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ The exception should have pointed out specifically the link or links deemed defective, and in what the defect was supposed to consist, in order that the court might be duly notified and have an opportunity to correct the error, if any, into which it had fallen. ”

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Source: Wikisource

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ It is assumed in the assignment of errors and in the printed arguments of the learned counsel for the plaintiffs in error, that the admission in evidence of the record from the Circuit Court of Adams County, was objected to, the objection overruled, and exception taken. No such exception appears in the record. ”

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Source: Wikisource

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ Now, by what a right does the purchaser of the "S. E. 4, 1 S. 4 W.," in the State of Illinois, claim the "southeast quarter of section four, in township one south, range four west, in Brown County, Illinois?"
No base-line, meridian, or county is mentioned in the description of the land in the proceedings in the Adams Circuit Court, though it is said that they are "recorded north or south of the base-line," pc. ”

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Source: Wikisource

Noah Haynes Swayne, McNitt v. Turner — Opinion of the Court

“ The decree finds all the allegations of the petition to be true. Proof of the ownership by Spotts of the tract sold was admissible to locate the description upon the proper premises, and to remove the ambiguity which was found to exist. ”

Noah Haynes Swayne

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