Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 92; Held at the Seat of the Federal Government download pdf

Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 92; Held at the Seat of the Federal Government download pdf

Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 92; Held at the Seat of the Federal Government. Alexander James Dallas

Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 92; Held at the Seat of the Federal Government
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Author: Alexander James Dallas
Page Count: 258 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781236076823
Download Link: Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 92; Held at the Seat of the Federal Government
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...it is said, "Whether, by this permission or agreement given by Morrison to Neer, the latter and his assigns could make a good title for the whole of the patent-right to a vendee thereof, is not the question just here, but whether Scott got by the paper from Morrison to Neer, and by that from Neer to him, the right to claim an account of the whole proceeds of a sale." The court then decides, that, upon the facts as found, Scott had the equitable if not the legal title to the whole patent; and that, although Brown & Stone conveyed in the name of Neer, Scott was by his acts estopped from asserting title as against the several grantees. For this reason it was held that he was entitled to an account by Brown for the proceeds of the sales. Until the certificate of the Court of Appeals, it nowhere appears in the record that any question was raised as to the effect of the patent laws upon the original title of Scott or his ownership. The only question presented under these laws was when Brown moved for a nonsuit; and that was for the reason, that, upon the proof as made, Scott's interest had never been sold. Whatever title he had he retained, as was claimed; and consequently he had no interest in the moneys received as the consideration for the sales actually made. This presented a principle of general law, and not of patent law alone. This question the Court of Appeals disposed of by the application of the doctrine of estoppel. We have often decided that it is not enough to give us jurisdiction over the judgments of the State courts for the record to show that a Federal question was argued or presented to that court for decision. It must appear that its decision was necessary to the determination of the cause, and that it was actually decided, or tha...

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