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Green v. Van Buskirk

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eBook details

  • Title: Green v. Van Buskirk
  • Author : United States Supreme Court
  • Release Date : January 01, 1866
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Mr. Carlisle, for the defendant in error, now moved to dismiss the writ of error, because the record did not present any question within the twenty-fifth section of the Judiciary Act relied on by the plaintiff in error. The record of the case, it should be said, contained the pleadings in the case, the facts which the court had found, and their conclusions of law on them. Among the latter, the court decided 'that by the law of the State of New York the title to the property passed on the execution and delivery of the instrument under the facts found in the case, and overreached the subsequent attachment in the State of Illinois, and actual prior possession under it, at the suit of defendant, although he was a creditor, having a valid and fair debt against Bates, and had no notice of the previous assignment and sale. And that the law of the State of New York is to govern the transaction, and not the law of the State of Illinois, where the property was situated.' Messrs. Carlisle and Gale, in support of the motion to dismiss:


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