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July 08, 2021

eBook details

Title: Owings v. Norwood's Lessee
Author : United States Supreme Court
Release Date : January 01, 1809
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Harper, for the plaintiff in error. The question in this case is, whether Scarth's interest in the land was protected by the treaty of peace with Great Britain. By the 5th article of that treaty 'it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.' The case of Higginson and Mein, decided by this court, (ante, vol. 4. p. 415.) was, in substance, the same as this. In both, the time of payment had passed before the confiscation; and the legal estate was in a British subject. The court in that case decided that the confiscation did not destroy the lien which the British creditor had in the land under the mortgage.

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