(DOWNLOAD) "Wilson v. Wall" by United States Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Wilson v. Wall
- Author : United States Supreme Court
- Release Date : January 01, 1867
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
On the second question, the Supreme Court of Alabama thought that as Wilson knew when he made his purchase that Hall was 'the Choctaw head of a family' and that his right arose under the treaty, he ought, as a prudent man, to have inquired further. Lord Mansfield's language in Keech v. Hall,4 was that 'whoever wants to be secure should inquire after and examine the title deeds.' Had Wilson made an examination of the treaty it would have informed him,–so the court considered, that the right of Hall was confined to the single section on which his improvement was situated, and that all the rest of the land was for his children. He had failed to make an inquiry which it was his duty to make; and a court of equity would accordingly treat him as if he had actual notice. Judgment having gone therefore in favor of the children, the case was now for review, here, where it was fully argued by Mr. P. Phillips for the appellants, in opposition to the view enforced by the State court of Alabama in its opinion as above presented. No opposite counsel appeared.
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