Span Classsearchtermspan Classsearchtermcollectionspanspan of L

Cover Span Classsearchtermspan Classsearchtermcollectionspanspan of L
Span Classsearchtermspan Classsearchtermcollectionspanspan of L
Thomas F Oakes
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That property under the direct i control jof a court can bd leached only through the authority of such court, has been the law soi long that it is fundamental. !< That the same rule governs when the claim against, the property is for taxes, is fully declared by the supreme court, In re Tyler, 149 U. S. 164- 181, and cases therein cited. It results that the defendant should have had the consent of this court before proceeding against such land; and any attempt to seize or sell them without such consent may be restrained. The important question is, whether any of the lands in question aire now subject to state taxa- tion. It will be conceded by all that lands belonging to the government cannot be so taxed; but can be, when the legal or equitable title shall have passed from the government to some other party; and certainly it must follow that no one can be taxed therefor, until such title shall be in him. In whom therefore does the title to these lands now rest? In reply to that, much has been said of the holdings of courts that the grant was one in praesdJiti.

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