William R. Day

Name: McGuire v. Blount — Opinion of the Court
Author: William R. Day

McGuire v. Blount — Opinion of the Court

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“McGuire v. Blount — Opinion of the Court”, is a work by William R. Day. It explores elements such as conveyance, plaintiffs and proceedings.

Quotes from McGuire v. Blount — Opinion of the Court (William R. Day)

William R. Day, McGuire v. Blount — Opinion of the Court

“ The plaintiffs certainly did not establish or introduce testimony fairly tending to establish that open, notorious, continuous, adverse possession which gives a title by prescription. While the defendants below did not show complete title in themselves, they were not mere interlopers or trespassers, but were claiming the lands under deeds, and were entitled to show, as a defense in ejectment, an outstanding title in another. It is strenuously urged that, whatever the merits of the controversy, there was sufficient proof to require a trial judge to submit the case to a jury ”

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Source: Wikisource

William R. Day, McGuire v. Blount — Opinion of the Court

“ The defendants at the trial undertook to defeat the plaintiffs' right of recovery, not by establishing a perfect title in themselves, but relied upon showing the divestiture of the plaintiffs' title as heirs of Gabriel Rivas. It is elementary law that the plaintiff in ejectment must recover upon the strength of his own title, which must be sufficiently established to warrant a verdict in his favor. ”

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Source: Wikisource

William R. Day, McGuire v. Blount — Opinion of the Court

“ While the courts cannot too carefully guard against any attempt of an interested judge to force himself upon litigating parties, and should scrupulously maintain the right of every litigant to an impartial and disinterested tribunal for the determination of his rights, we find in this record nothing establishing or offering to establish, in any legitimate way, the disqualification relied upon because of a pecuniary interest in the controversy, resulting from his wife's alleged ownership of a part of the land in question. ”

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Source: Wikisource

William R. Day, McGuire v. Blount — Opinion of the Court

“ We have no hesitation in reaching a conclusion, under the facts shown in this record, that title to the lands of Gabriel Rivas, under whom the plaintiffs in ejectment claim title as heirs, was devested by the proceedings had under the Spanish authorities in Florida, and the conveyance of the lands therein to Caro, from whom, by other conveyances, many persons have acquired title to the land in controversy. ”

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Source: Wikisource

William R. Day, McGuire v. Blount — Opinion of the Court

“ Such proceedings are not to be scrutinized with a view to discovering defects. They were sufficient in the view of those who undertook to pass title to the lands under the Spanish system, and our courts should have neither the right nor the disposition to upset such titles by a nice examination of the regularity of the proceedings. Every presumption is in favor of the authority and authenticity of such proceedings. ”

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Source: Wikisource

William R. Day, McGuire v. Blount — Opinion of the Court

“ Those claiming in the chain of title from this conveyance have made sale of many pieces of the property, various conveyances have recited the proceedings under the will of Rivas and the conveyance to Caro, and to upset them and declare them of no effect would be to unseat many titles to real estate, conveyances which have stood for years without question. ”

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Source: Wikisource

William R. Day, McGuire v. Blount — Opinion of the Court

“ The production of the originals of these documents has given the court an opportunity to inspect them. They bear upon their face every evidence of age and authenticity. There is nothing about them to suggest that they have been forged or tampered with. They present an honest as well as ancient appearance, and come from official custody. To such public and proprietary records the courts have applied the rules of admissibility governing ancient documents. ”

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Source: Wikisource

William R. Day, McGuire v. Blount — Opinion of the Court

“ Such authority is presumed to be legitimate and regularly exercised. United States v. Arredondo, 6 Pet. 691-727, 8 L. ed. 547-560. Moreover, it appears that sale of the land has been made under the title conveyed by the proceedings and the conveyance to Gregario Caro, and the sale has been subsequently held sufficient to convey the title by the commissioners appointed under the act of Congress of May 8, 1822 [3 Stat. at L. 709, chap. 129] , for ascertaining titles to lands within the territory of Florida. ”

William R. Day

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