[DOWNLOAD] "Elisha Morrill, Plaintiff in Error v. John Cone and Carlos J. Cone" by United States Supreme Court ~ Book PDF Kindle ePub Free

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eBook details

• Title: Elisha Morrill, Plaintiff in Error v. John Cone and Carlos J. Cone
• Author : United States Supreme Court
• Release Date : January 01, 1859
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

This suit was brought for the recovery of a parcel of land lying in the tract appropriated for military bounties in Illinois, and granted by the United States in 1818 to Benjamin Abbott, a private in their army in the war of 1812, as bounty. The title of the plaintiff consisted of a certified copy of the patent to Abbott, and a quit-claim deed of Abbott to him, dated in 1855. He also produced a deed from Nathaniel Abbott to him, dated in 1838. The defendants exhibited the original patent to Abbott; his deed to Nathaniel Abbott, dated in 1818, for the same land; a deed from Nathaniel Abbott, John Low, and John D. Abbott, dated 12th September, 1820, to William O'Hara, and executed by Abraham Beck as attorney, and connected themselves with this deed by a number of mesne conveyances, the last of which was to the defendants, and was executed in April, 1850. They entered upon the land under this deed, and paid taxes until the commencement of this suit. These conveyances were recorded in the proper office. The questions presented by the bill of exceptions sealed for the plaintiff on the trial arise on the conveyance to William O'Hara, by Nathaniel Abbott, John Low, and John D. Abbott. This deed purports to have been made upon a pecuniary consideration, the amount and receipt of which is acknowledged. The letter of attorney to Beck is dated the 14th July, 1820, and was recorded the 30th July, 1821. It authorizes the attorney to sell and convey some sixty-four parcels of land, including the one in dispute, in the military tract described in a schedule annexed, for such price and to such persons as he might think fit, and to make, execute, and deliver good and sufficient warranty deeds to them. To the ordinary testimonium clause a proviso was added, 'that the condition is understood to be such, that our said attorney is to take sufficient security on real estate for all the lands which may be sold on a credit.' The donors of this power of attorney reside in New Hampshire; the attorney in Missouri.

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