by John Marshall Harlan

Name: Tindal v. Wesley — Opinion of the Court
Author: by John Marshall Harlan

Summary

“Tindal v. Wesley — Opinion of the Court”, is a work by by John Marshall Harlan. It explores elements such as the United States, suit and plaintiff.

Quotes from Tindal v. Wesley — Opinion of the Court (by John Marshall Harlan)

by John Marshall Harlan, Tindal v. Wesley — Opinion of the Court

“ If a suit by an individual against individuals to recover the possession of property is not a suit against the United States merely by reason of possession being held by the defendants as agents of the United States, and under title asserted to be in the government, we cannot perceive how the present suit can be regarded as one against the state merely because the defendants assert a right of possession in the state through them as its officers and agents. ”

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Source: Wikisource

by John Marshall Harlan, Tindal v. Wesley — Opinion of the Court

“ Not only no such power is given, but it is absolutely prohibited, both to the executive and the legislative, to deprive any one of life, liberty, or property without due process of law, or to take private property without just compensation. These provisions for the security of the rights of the citizen stand in the constitution in the same connection and upon the same ground, as they regard his liberty and his property. It cannot be denied that both were intended to be enforced by the judiciary as one of the departments of the government established by the constitution. ”

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Source: Wikisource

by John Marshall Harlan, Tindal v. Wesley — Opinion of the Court

“ It is a suit against individuals,-a case in which the plaintiff seeks merely the possession of certain real estate once belonging to the state, but which the complaint alleges has become his property, and which, according to the verdict of the jury and the judgment of the court thereon must, on this record, be taken to belong absolutely to him. The withholding of such possession by defendants is, consequently, a wrong, but a wrong which, according to the view of counsel, cannot be remedied if the defendants choose to assert that the state, by them as its agents, is in rightful possession. ”

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Source: Wikisource

by John Marshall Harlan, Tindal v. Wesley — Opinion of the Court

“ It is true that, even in such a case the citizen may, if he choose, rely upon the good faith of the state in the matter of compensation. But he is not compelled to part with his property for public use except upon the terms prescribed by the supreme law of the land, namely, upon just compensation made or secured. ”

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Source: Wikisource

by John Marshall Harlan, Tindal v. Wesley — Opinion of the Court

“ The parties stipulated that the testimony to be printed in the record should be the evidence given by W. H. Lyles, W. T. C. Bates, and J. E. Tindal. But no part of the testimony is made a part of the record by a bill of exceptions, except the above questions and answers in the testimony of Lyles. It must, therefore, be assumed from the record that the plaintiff, prior to the bringing of this action, had acquired from the commissioners the legal title to the premises in dispute, and was entitled to possession. ”

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Source: Wikisource

by John Marshall Harlan, Tindal v. Wesley — Opinion of the Court

“ A. The object of the purchase from the beginning was to create an issue as to the validity of the revenue bond scrip, but, as to the United States circuit court, we were not —Q. Then, when you bought it, you did not intend to pay for it in good money? A. We did, and considered the scrip as good money. Q. When you made the purchase, you made it with a view of compelling the state to take the deferred payment of it in revenue bond scrip? A. Yes. Q. Did you happen to know whether the revenue bond scrip had any value in the market? A. I don't know. Q. It has not? A. I don't know that it has. ”

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Source: Wikisource

by John Marshall Harlan, Tindal v. Wesley — Opinion of the Court

“ By direction of the executive department of the government, proceeding, as was supposed, under legislative authority, Kaufman and Strong, as officers and agents of the United States, held possession of certain real estate in Virginia known as 'Arlington,' and constituting a national cemetery, in which were interred the remains of Union soldiers. ”

by John Marshall Harlan

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