[Download] "Thomas O. Burton, Appellant v. William L. Smith and Others" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Thomas O. Burton, Appellant v. William L. Smith and Others
- Author : United States Supreme Court
- Release Date : January 01, 1839
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 91 KB
Description
Thus far the question as affecting the heir has been discussed; but the case is really against a fair purchaser, who is liable only, and can be proceeded against as terre tenant. Is there a case in which the power of the creditor has been enlarged as against him? Upon what ground is it that he shall be doomed to a sacrifice of that property for which he has fairly paid; and which, in the hands of the man from whom he purchased it, would not have been liable to such sacrifice? Is it not enough, in such a case, that the creditor may pay himself by the use of the property? With him there is no privity, no liability, not strictly legal; the purchase of the land may have deprived him of the means to redeem; and it may be that the land will soon pay the debt. Could his land have been sold in the lifetime of the vendor? Clearly not, as it could not be sold in the hands of the vendee. How can the subsequent death of the vendor so operate upon the vendee, as to make that property liable to sale after the death, which was not liable before? There can be no pretext of redeeming, nor of marshalling either assets or securities; for the land, at the death of the vendor was no part of his estate. No reason is seen, and no authority is known for it, in a case like the present. III. If the appellees had a right to come into a Court of equity, it was because of a valid lien (which is denied) that could not be enforced at law; and, in that case, they were entitled to an account only of the rents and profits accruing, and the application of them to the payment of the debt.