Smith Thompson

Name: Beard v. Rowan — Opinion of the Court
Author: Smith Thompson

Summary

“Beard v. Rowan — Opinion of the Court”, is a work by Smith Thompson. It explores elements such as John Campbell, Allen Campbell and demandants.

Quotes from Beard v. Rowan — Opinion of the Court (Smith Thompson)

Smith Thompson, Beard v. Rowan — Opinion of the Court

“ The condition upon which aliens are placed on the same footing with citizens, with respect to the right of holding and disposing of land, is a two years residence within the state; and the full effect and benefit of the act, and the clear intention of the legislature, require a construction which gives to it a prospective as well as retrospective application. And, under this construction, Allen Campbell became qualified to take and hold the title to the land in question, and pass the same; in the same manner as if he had been a citizen of the state. ”

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Source: Wikisource

Smith Thompson, Beard v. Rowan — Opinion of the Court

“ But if Richard Taylor had no authority to convey this land, the demandants fail entirely to show any title whatever in the land. His authority to convey the land, lies at the foundation of the right set up by them.
Richard Taylor is not named as one of the trustees. The trustees named are, James Milligan, Charles Simms, William Elliot, and Philip Ross; who are also appointed executors; and to whom the testator devises his estate, both real and personal, in trust for the uses and purposes provided and declared in his will. ”

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Source: Wikisource

Smith Thompson, Beard v. Rowan — Opinion of the Court

“ It is my further will and desire that, in case my said half brother shall die before he shall become qualified to hold real estate as aforesaid, and without children or a child, my said trustees shall make sale of the lands hereby directed to be conveyed to him, as is before directed, on two years' credit, and that the money arising by sale be appropriated to the use of my said sister, Sarah Beard, and all the children which she hath, or may hereafter have, to be lent out on interest, as is directed in the several devises, bequests and limitations hereinbefore made to them ”

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Source: Wikisource

Smith Thompson, Beard v. Rowan — Opinion of the Court

“ It is a writ of right for the recovery of a piece or tract of land, the title to which is admitted to have been duly and legally vested in John Campbell. Both parties claim under the will of John Campbell, as the source of title.
The demandants claim under a deed from Richard Taylor, the surviving executor of John Campbell, bearing date the 21st of April 1826, to Joseph Beard, Elizabeth Megowan, and the heirs of William Beard. The tenant claims under a devise in the will of John Campbell; and the decision of the case depends mainly upon the construction to be given to this devise. ”

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Source: Wikisource

Smith Thompson, Beard v. Rowan — Opinion of the Court

“ At the time of the making of his last will and testament, 25th of July 1786, John Campbell, who was never married, had a brother of the whole blood, Robert Campbell, also a citizen of the state of Virginia, a father, a half brother, named Allen Campbell, and a sister of the whole blood, named Sarah Beard, who was a widow and had children. His father, half brother and sister were natives of Ireland, and subjects of the king of Great Britain and Ireland in 1786. The father of John Campbell died before him. ”

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Source: Wikisource

Smith Thompson, Beard v. Rowan — Opinion of the Court

“ The evidence in the record shows, and it is so found by the jury, that Allen Campbell came to the state of Kentucky, in December 1799, and continued to reside therein until September 1804, when he died intestate, never having been married. It is argued, on the part of the demandants, that this law only embraces aliens who shall have resided within the state two years before the passing of the act ”

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Source: Wikisource

Smith Thompson, Beard v. Rowan — Opinion of the Court

“ And this will depend upon the act of the legislature of that state, passed on the 18th of December 1800, which is as follows: 'whereas, by the laws now in force in this commonwealth, aliens cannot hold lands therein, and whereas it is considered the true interest of this state, that such prohibitions be done away. ”

Smith Thompson

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