Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ... Costen's Appeal--Eeed's Estate. deed was adapted to the actual state of the property by the owner. He had waited until his advent to lawful age. The property was unconverted, the executors dead; it was necessary far him to have its value; it could not be divided, and he sells for a full and fair price, and had the benefit of it, perhaps fourfold, in the lapse of time. During his life, he makes no objection; after his death, a mere volunteer, the administrator de bonis non of the estate, attempts to rake up from the depositories of time, some technical defect, to deprive the devisee of George Wallace, the younger, of the price paid for the land about forty years ago. The common sense and common honesty of mankind revolt against the claim of the appellee. Mr. Jarman cites many cases to show that conveyances, as land, of the shares in the proceeds of land directed to be sold, pass the interest in the proceeds. So that the deed of Robert Reed, if it did not pass an interest in the realty, did, nevertheless, pass the proceeds produced, and this would be quite adequate to the case of the appellant. All that the devisee of George Wallace seeks is the product of his share of the sale. In the case of Hay vs. Mayer, 8 Watts, 212, Mr. Justice Kennedy says: They (the devisees) had no interest in the land. Each had a right to receive a certain portion of the proceeds thereof, when made, according to the directions and provisions of the will. Their claims, however, may be considered as assignable in equity, for a valuable consideration, and their deeds, as sufficient to bind and divest them in equity, at least, of their rights to any money that could be raised from a sale of the land under this power. This case goes beyond the exigencies of the...
