In Re the Claim of the Estate of General Washington Against the United States for 3051 Acres of Land Wrongfully Granted By It to Other Parties
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It can not be pleaded against the government. Nullum tempus occurrit reipublicoe. By correlation the individual can not be limited in his right to present a claim against the Government, unless the limitation was embraced in the act creating the claim, which is not this case.
The doctrine of laches is only applied to prevent the claimant from doing a wrong and in this case no wrong is done by the cestui que trust, for demanding the trust fund, or its equivalent, from the trustee.
The United Sta...tes was the trustee and held the trust fund, in land, to satisfy the claim. It wrongfully permitted its officers to turn the trust fund, pledged by the act of March 3, 1807, to the executors of Gen- eral Washington, over to pei*sons not entitled to it, in defiance of the pledge of the act last referred to.
Had the proper officers of the United States said to Surveyor Kerr, or Neville and Massie, after the pas- sage of the act of March 3, 1807, "You must withdraw your warrants, entries and surveys from the Wash- ington lands," and compelled them to do so, or had 15 they done so voluntarily, then the act of March 3, 1807, with its ten extensions of time, to January 1, 1852, would have secured these lands to the Wash- ington estate.
What to read after In Re the Claim of the Estate of General Washington Against the United States for 3051 Acres of Land Wrongfully Granted By It to Other Parties?
You can find similar books in the "Read Also" column, or choose other free books by United States. Congress. House. Committee On the Public Lands to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It can not be pleaded against the government. Nullum tempus occurrit reipublicoe. By correlation the individual can not be limited in his right to present a claim against the Government, unless the limitation was embraced in the act creating the claim, which is not this case.
The doctrine of laches is only applied to prevent the claimant from doing a wrong and in this case no wrong is done by the cestui que trust, for demanding the trust fund, or its equivalent, from the trustee.
The United Sta...tes was the trustee and held the trust fund, in land, to satisfy the claim. It wrongfully permitted its officers to turn the trust fund, pledged by the act of March 3, 1807, to the executors of Gen- eral Washington, over to pei*sons not entitled to it, in defiance of the pledge of the act last referred to.
Had the proper officers of the United States said to Surveyor Kerr, or Neville and Massie, after the pas- sage of the act of March 3, 1807, "You must withdraw your warrants, entries and surveys from the Wash- ington lands," and compelled them to do so, or had 15 they done so voluntarily, then the act of March 3, 1807, with its ten extensions of time, to January 1, 1852, would have secured these lands to the Wash- ington estate.
What to read after In Re the Claim of the Estate of General Washington Against the United States for 3051 Acres of Land Wrongfully Granted By It to Other Parties?
You can find similar books in the "Read Also" column, or choose other free books by United States. Congress. House. Committee On the Public Lands to read onlineMoreLess
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