Settlement agreement

“ Where the parties in a case reach a settlement, the public security organ, people's procuratorate or people's court shall hear the opinions of the parties and other relevant persons, examine whether the settlement is voluntary and legitimate, and organize the making of a written settlement agreement. ”

“ It is of the essence of this agreement that the settlement herein provided for shall not become operative in any manner nor shall any of the Recitals or covenants herein become binding upon either party unless a decree of absolute divorce between the parties shall be entered in the pending Nevada action. The settlement herein provided shall become immediately effective and operative in the event of and upon the entry of a decree of divorce between said parties in said pending Nevada action. ”

“ The lawyers, Jose Maria Cuadra and Rafael Lopez Landron, the first representing Dona Maria Guadalupe and Dona Petronila Patricia, and the second representing Dona Manuela Gutman, become hereby obliged to conclude this settlement in a manner which shall carry the same to conclusion without loss of time, so as to leave each interested party in full possession of what belongs to her by this agreement, and furnished with their respective titles of property as inscribed in the books of the registry, free from every charge and lien. ”

“ No grant will be made to servants under indenture, nor will persons receive grants who shall appear to have come to the Settlement at the expence of other individuals, without sufficient assurance of their having fulfilled the conditions of any agreement under which they may have come. ”

“ Definitions.—In this section: “ (1) LOCAL GOVERNMENT.—The term ‘local government’ has the meaning given that term in section 6501 of title 31. “ (2) ORDER TYPE.—The term ‘order type’ means the type of action or instrument used to settle a civil or criminal judicial action. “ (3) SETTLEMENT AGREEMENT.—The term ‘settlement agreement’ means a settlement agreement (including a consent decree) that— “ (A) is entered into by an Executive agency ”

“ After the dissolution, a partner acts no longer for his former copartners to the extent of entering into or incurring new obligations. Each partner however has full power to collect debts due the firm, signing the firm name to receipts, and also to liquidate outstanding obligations of the firm, unless by special agreement these powers are conferred on one partner alone. This is an arrangement which affects the partners only, third persons being protected in a settlement with any member of a late partnership dissolved. ”

“ In that case it was held that a court of equity would not grant a decree for specific performance of an agreement to sell the interest of the homesteader, made after settlement and before the oath is filed for final certificate. ”

“ Unless we are now to say that a settlement of property in winding up, as it were, a marriage, smacks more of a business arrangement than an antenuptial agreement and therefore satisfies the requirement of 'an adequate and full consideration in money or money's worth' which we found wanting in Merrill v. ”

“ If such a settlement, as the Chief Justice of the Court of Claims very justly observes, accompanied by the giving-up by one, and the taking possession by the other, of the property involved, cannot be judicially maintained, it would seem that no settlement by any contractor with the government could be considered a finality against the government. ”

“ There is no provision by which the possession of one can be added to that of another, so as to complete the requisite term. The grant was to the occupant who had himself conformed to the provisions of the act. The sale of a possessory right could have no other effect than that of an abandonment of the settler's 'claim' and a grant to the purchaser of the right to enter upon the abandoned lands and begin a new settlement of his own. ”

“ By the terms of the Act no creditor can institute a suit until after six months from the completion and final settlement of the contract, within which period the United States alone has the right to commence an action. ”

“ The nature of the lien of a judgment as a general and not a specific lien, was well known in Pennsylvania, and the object of the clause was, to liken the lien of a settlement to that which was already known; the clause had no other object. 2d. A contract is supposed to be implied by the confession of judgment, that it shall be enforced only by execution. There is no warrant for any such implication; the contract of a judgment, or the obligation of the contract, is by the debtor to pay it; there is no contract or obligation in the creditor to obtain payment only in one way. ”

“ An estate in tail may now be limited by the use of the words “in tail” without the words “heirs of the body” formerly necessary. And a settlor generally conveys “as settlor,” by which only a covenant for further assurance is implied under the Conveyancing Act 1881. Personal settlements are most often made upon marriage. The settled property is vested in trustees, either by the settlement itself, or in the case of cash, mortgage debts, stocks or shares, by previous delivery or transfer, upon trusts declared by the instrument. ”

“ To illustrate, reviewing the provisions in the order in which they stood before their confused compilation in the Recopilacion, ordinances 88 and 89 (law 6) and ordinance 100 (law 7) provided for contracts with an individual for founding a town, for the quantity of land to be contracted for, and prescribed regulations for the new settlement. Ordinance 101 (law 10) provided for individuals uniting for the purpose of a settlement. ”

“ It transfers no property, passes no estate, declares no trustees, and contains no word of direct and immediate conveyance, and nothing to indicate that it was a complete and actual settlement. It relates, not merely to property in possession, but to that which might be acquired in future, and the greater part of that which is the subject of the plaintiff's bill was subsequently acquired either by purchase or descent, and could not be the subject of an executed contract. The title of the plaintiff, therefore, rests entirely in covenant.'
2. ”

“ The first and important element of their proposal is that 'we will pay $80,000 on account of these bonds if you can procure a settlement and cancelling of them for a sum not exceeding that amount.' The second branch of it is that this sum must include 'your services in making this settlement, and any claim you may have against the company on account of the bonds. ”

“ That case, however, did not require that the precise meaning of the term should be fixed, and the Court is disposed to think, that a settlement made on the land by another person, who cultivated it for the proprietor, would be sufficient; though the proprietor should not reside in person on the estate, or within the territory. Had the settlement proved by Williams, been made at the day required by the Cession Act, it would, we think, have satisfied the requisition of that Act, and entitled the plaintiffs in error to the benefit of the condition. ”

“ To complete the statutory machinery it is desirable that persons should be nominated by the settlement trustees for the purposes of the acts. Since the Conveyancing Act 1881, provisions for the protection of jointresses or persons entitled under settlements to rent charges or annual sums issuing out of the land are no longer required, as all such persons have now powers of distress and entry, and of limiting terms to secure their respective interests. ”

“ If, within a specified time after the surveys, and the return of the township plat, the settler takes certain steps,-that is, files a declaratory statement, such as is required when the surveys have preceded settlement, and performs certain other acts prescribed by law,-he acquires for the first time a right of pre-emption to the land; that is, a right to purchase it in preference to others. Until then he has no estate in the land which he can devise by will, or which, in case of his death, will pass to his heirs at law. ”

“ That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States Land Office as is now allowed to settlers under the pre-emption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if he settled under the pre-emption laws.' 21 Stat. ”

“ There are a vast number of questions, however, which it is more important should be settled in some way than that they should be settled right, and, once settled by the solemn adjudication of the court of last resort, the legislature and the people have a right to rely upon such settlement as forever fixing their rights in that connection. ”

“ Acts in the law are of two kinds, which may be distinguished as unilateral and bilateral. A unilateral act is one in which there is only one party whose will is operative; as in the case of testamentary disposition, the exercise of a power of appointment, the revocation of a settlement, the avoidance of a voidable contract, or the forfeiture of a lease for breach 303of covenant. A bilateral act, on the other hand, is one which involves the consenting wills of two or more distinct parties; as, for example, a contract, a conveyance, a mortgage, or a lease. ”

“ Lands allotted to citizens hereunder shall not in any manner whatsoever, or at any time, be encumbered, taken, or sold to secure or satisfy any debt or obligation contracted or incurred prior to the date of the deed to the allottee therefor and such lands shall not be alienable by the allottee or his heirs at any time before the expiration of five years from the ratification of this agreement, except with the approval of the Secretary of the Interior. ”

“ That officer gave his opinion to the effect that a settler under the pre-emption laws acquires no vested interest in the land he occupies by virtue of his settlement, and can acquire no such interest, till he has taken all the legal steps necessary to perfect an entrance in the Land Office, being, in the meantime, a mere tenant-at-will, who may be ejected by the Government at any moment in favor of another party. ”

“ This view is made still clearer by the fact that the next succeeding section of the act of 1843 does introduce distinctly, as a new and separate provision, the requirements that settlers on the land not yet proclaimed for sale are required to make a similar declaration, within three months from the time of settlement, on pain of forfeiting their pre-emption right in favor of the next actual settler, but making no provision whatever for the case of two declarations by the same party on different tracts of land. ”

“ I say that no man has to ask twice to be settled with.
13,777. That is not the question. Is it to the agent's interest that the settlement should take place at once or not?-If we wish to have as little trouble as possible, it is our interest to settle with the men at once; but if an agent wishes to retain the men's money in his hands for a month or so, it may be a little to his interest then to delay the settlement. ”

“ The record shows undoubtedly that his settlement commenced about eight months before he filed his declaration, and it must be conceded that the land was of that class which had not been proclaimed for sale, and his case must be governed by the provision of that section. It declares that where the party fails to make the declaration within the three months his claim is to be forfeited and the tract awarded to the next settler in order of time on the same tract, who shall have given such notice and otherwise complied with the conditions of the law. ”

“ Let it be here remarked, that the object of the deed is declared to be the settlement of the whole of the estate, real and personal, upon the married woman, with power to dispose of the whole of it, either by appointment or devise. It will not be denied that this investment of, and authority over, the whole estate, so explicitly declared, might not have been modified or even revoked by subsequent provisions of the same instrument ”

“ When a settlement is made on the basis of an administrative determination and such a settlement varies from the State review appraiser’s determination of value, the file must contain a statement setting forth the reason for the settlement.
In a few instances, a property owner refusing to settle by negotiation has taken a case into court and received a verdict less than the amount offered by the acquiring agency. ”

“ In this letter, after discussing various items of the account indicative of liberality, and justifying others, he says, 'if there is any thing in this settlement which does not meet with your approbation, I wish you to state it candidly to William Foster, with your reasons, and let him, as your agent, appoint an arbitrator, and my father, as mine, will name another, and let them say what is just and right under all circumstances, embracing the gain allowed you, on the shipment of raw silk in settlement, and open the account anew for adjustment. ”

“ On the other hand, the defendant,-the appellant here,-who acquired his interest by subsequent settlement on the lands and a patent therefor, contends that the route cannot be deemed definitely fixed, so that the grant attaches to any particular sections and cuts off the right of settlement thereon, until the lands are withdrawn from market by order of the secretary of the interior, and notice of the order of withdrawal is communicated to the local land-officers in the districts in which the lands are situated.
We are of opinion that the position of the complainant is the correct one. ”