|
|
Hussey v. United States, 222 U.S. 88 (1911)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hussey v. United States, 222 U.S. 88 (1911)
Hussey v. United States No. 32 Argued November 2, 1911 Decided November 20, 1911 222 U.S. 88
APPEAL FROM THE COURT OF CLAIMS
Syllabus
One claiming an interest in property and having knowledge of such claim is charged to consider at the time it is sold by trustees whether he will assert his title or retain a share of the proceeds; both vendor and vendee are entitled to timely disavowal in order to protect and indemnify themselves; acceptance of proceeds and failure to disavow may, as held in this case, amount to ratification.
Even if the state court has decided that the widow of a deceased partner had a community interest in his share of real estate belonging to the partnership, if she does not promptly disavow a sale of the entire property made by surviving partners, but accepts part of the proceeds and makes no attempt for many years to assert title, she is guilty of laches, and neither she nor her grantees can recover.
Where the reference to the Court of Claims, as in this case, is not to determine whether the grantor of a claimant of a part interest in real estate purchased by the United States had a valid title at the time the United States took possession, but whether the claimant has acquired a valid title to the property, with provision that the United States may plead any defense, the conduct of claimant’s grantor is to be considered, and if such grantor was guilty, as in this case, of gross laches, claimant cannot recover.
The facts, which involve the validity of a claim of title to property in California purchased and occupied by the United States, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Hussey v. United States, 222 U.S. 88 (1911) in 222 U.S. 88 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=6IM6RIYTRE3E1QF.
MLA: U.S. Supreme Court. "Syllabus." Hussey v. United States, 222 U.S. 88 (1911), in 222 U.S. 88, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6IM6RIYTRE3E1QF.
Harvard: U.S. Supreme Court, 'Syllabus' in Hussey v. United States, 222 U.S. 88 (1911). cited in 1911, 222 U.S. 88. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=6IM6RIYTRE3E1QF.
|