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Home > History and Archaeology > History > Void Execution, Judicial and Probate Sales; And the Legal and Equitable Rights of Purchasers Thereat, and the Constitutionality of Special Legislation Validating Void Sales and Authorizing Involuntary Sales in the Absence of Judicial Proceedings
Void Execution, Judicial and Probate Sales; And the Legal and Equitable Rights of Purchasers Thereat, and the Constitutionality of Special Legislation Validating Void Sales and Authorizing Involuntary Sales in the Absence of Judicial Proceedings

Void Execution, Judicial and Probate Sales; And the Legal and Equitable Rights of Purchasers Thereat, and the Constitutionality of Special Legislation Validating Void Sales and Authorizing Involuntary Sales in the Absence of Judicial Proceedings


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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. 1890. Excerpt: ... preponderance of the authorities to be in favor of sustaining special acts authorizing sales for the payment of the debts of the deceased owner of property, even in advance of the judicial ascertainment of such debts, provided the act leaves the existence of such debts open to inquir'.1 70. Special Act need not Require a Bond for the Application of the Proceeds.--Special acts, authorizing the sale by one person of the property of another, generally contain precautionary provisions tending to secure the honest exercise of the authority conferred. Bonds are usually exacted, conditioned for the proper appropriation of the proceeds of the sale. By this means, the interests of heirs and creditors are exempted from needless peril. These precautions seem not to be essential to the validity of the act. The question is one of power. The existence of the power being established, the propriety of its exercise rests solely with the legislature. If, through misplaced confidence or reckless inattention to the duties of its trust, the legislature confers the power of sale on a person who, being required to furnish no security, squanders the proceeds of the sale, and thus defrauds the heirs of their inheritance and the creditors of their means of enforcing payment, the sale is not, on that account, invalid.2 71. Acts for the Sale of Lands of Co-Tenants.--The power of the legislature to authorize, by general laws, the sale of the lands of co-tenants for the purposes of partition, where the necessity of the sale is judicially determined, is unquestionable.3 So there is little or no doubt of the constitutionality of a special act authorizing a co-tenant to petition a court of competent jurisdiction for the sale of the lands of a co-tenancy, and also authorizin...


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Product Details
  • ISBN-13: 9781150528293
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 64
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 115052829X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 132 gr

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Void Execution, Judicial and Probate Sales; And the Legal and Equitable Rights of Purchasers Thereat, and the Constitutionality of Special Legislation Validating Void Sales and Authorizing Involuntary Sales in the Absence of Judicial Proceedings
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