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Higginson v. Mein

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eBook details

  • Title: Higginson v. Mein
  • Author : United States Supreme Court
  • Release Date : January 01, 1808
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

P. B. Key, for the appellant. The treaty of peace of 1783 removed all legal impediments to the recovery of debts. By the fourth article, 'It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.' And by the 5th article, '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.' At the time of the treaty, this land was not sold, but holden by the state under the confiscation act. After the treaty, the state held it subject to the mortgage, and could sell only such right as it had. It could at most sell Wylly's right of redemption.


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