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- The American Law Journal, 1813, Vol. 4
The American Law Journal, 1813, Vol. 4
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Excerpt from The American Law Journal, 1813, Vol. 4: Being the First of a New Series
Either the Courts in North Carolina, or here, are wrong, for their practice in this respect, is diametrically opposite.
In Virginia, Kentucky, and every other State, where there is a Court of Chancery, the practice is different from ours.
It is scarcely possible, that the Federal Court will follow our practice, in justice to citizens of other States they cannot do it, for though the Courts of this State, may be content with a practice Which submits Law, as well as fact, to the determination of a Jury, citizens of other States will not agree that their rights shall be launched into a sea of uncertainty, without compass or rudder. In 1 Hey. 359, Judge Williams says, When a Grant once issues for a tract of vacant Land, it becomes the only evidence of Title, and we cannot afterwards look further back than the Grant, we must presume all antecedent proceedings to have been regular, otherwise we should introduce the practice of invalidating Grants by parol testimony.
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