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Brown v. Kennedy

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eBook details

  • Title: Brown v. Kennedy
  • Author : United States Supreme Court
  • Release Date : January 01, 1872
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Mr. E. S. Brown, for the appellant: The court held in Pelham v. Rose, and Pelham v. Way, that the note, being capable of manual caption, must be taken into the actual custody of the marshal to constitute a valid seizure, and without this the court cannot adjudicate the condemnation thereof. In the appeal now before the court, it is part of the case as agreed on and admitted, that there was no seizure of the bond and mortgage by the marshal for the District of Kansas; but that at the time of the said pretended confiscation proceedings, the bond and mortgage were without the District of Kansas, and within the exclusive possession and control of Brown, at his home in Virginia, so that the court acquired no jurisdiction thereof.


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