Philip Pendleton Barbour

Name: Burton v. Smith — Opinion of the Court
Author: Philip Pendleton Barbour

Summary

“Burton v. Smith — Opinion of the Court”, is a work by Philip Pendleton Barbour. It explores elements such as reversion, estate for life and judgment.

Quotes from Burton v. Smith — Opinion of the Court (Philip Pendleton Barbour)

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ It is not the habit of the Court to consider the interest of the heir, when opposed to that of the creditors. They ought to have the fullest remedy. And upon what principle can the Court refuse to give them the benefit of a sale, because another person, whose interest is secondary, and entirely subject to theirs, may be benefited by delay?' So far from its being proper for a Court to hesitate about decreeing the sale of an interest because it is reversionary, we think that the character of the interest affords a stronger reason. ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ For in regard to property in present actual possession, the elegit, although a tardy remedy in its operations, yet is in some degree an effective remedy; inasmuch as the creditor will by that means annually receive something towards his debt: whereas in the case of a dry reversion, as the one in the present case is, if the outstanding life estate should continue during half a century, the creditor might look on in hopeless despondency, without the possibility of receiving one cent from that source, except through the interposition of a Court of equity, in decreeing a sale. ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ This last has a peculiar analogy to, and bearing upon the case before us; because it sustains in the fullest and most decisive manner both the grounds on which the decree of the Circuit Court rests: that is, it proves first, that a reversion after an estate for life, or even after estates tail limited to unborn children, is assets, liable to the specialty debt, and, of necessary consequence, to the judgment of the ancestor from whom it immediately descends; and, secondly, that a Court of equity will decree such a reversion to be sold, in order to accelerate the payment of the debt. ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ The liability of a reversion after a life estate to be sold, was at once conceded by the counsel for the heir; their effort was to maintain that the reversion in that case could not be sold, because it was after an estate tail. ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ It was strongly said by the Master of the Rolls in that case, that the reversion was a part of the real estate of the ancestor; and according to all general principles, every part of the real estate of the debtor, except copyhold, is considered as applicable to the payment of his specialty debts. There is another part of the reasoning of the Master of the Rolls, which has a most cogent application to this. It having being urged that a sale ought not to be decreed, out of consideration to the heir, that a higher price might be obtained ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ On that occasion he said, that whilst equity could not change the rights of the parties, it might accelerate the payment by directing the sale of a moiety, and not let the creditor wait until he was paid out of the rents and profits. ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ Now if the acceleration of a tardy remedy be cause enough to justify the helping hand of equity, a fortiori, it ought to be extended to him who during the life of the tenant for life is without any remedy at all. As to the objection, that the judgment did not bind the land in the hands of the appellant because he was a purchasel, we consider it wholly untenable. We have already said that the judgment created a lien: now it is of the very nature and essence of a lien, that no matter into whose hands the property goes, it passes cum onere ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ But the parties themselves seem to have considered $200 per annum as the full value of the whole privilege of working them. If the agreement of the parties were to be taken as the standard of the annual value, his interest would really be worth nothing ”

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Source: Wikisource

Philip Pendleton Barbour, Burton v. Smith — Opinion of the Court

“ The writ itself commands the officer to deliver to the plaintiff a moiety of all the lands and tenements, whereof the debtor, at the time of obtaining the judgment was seised, or at any time afterwards.
Lands and tenements, then, are the subject on which the writ is to operate.
Now, in Comyn's Digest, title Grant, E. 2, it is said, that by grant of all lands and tenements, a reversion passes. In the same book, title Estate, B. 12, it is said: If a man grant the land itself the reversion passes. So in Moore's Reports, 36, a reversion is said to be a tenement. ”

Philip Pendleton Barbour

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