Faulds v. Tilton
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Illinois. Action by Walter W. Faulds and others against' G. Wilse Tilton and others. Judgment for defendants, and complainants appeal. This case involves the title to about 2.000 acres of land in Vermilion Conn- , ty. Illinois, underlaid with coal.
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Appeal from the Circuit Court of the United States for the Eastern District of Illinois. Action by Walter W. Faulds and others against' G. Wilse Tilton and others. Judgment for defendants, and complainants appeal. This case involves the title to about 2.000 acres of land in Vermilion Conn- , ty. Illinois, underlaid with coal. John Faulds. senior, who died intestate in June, 1891, of whom appellants are, among others, heirs at law, was in August, 1868, the owner in fee simple of all the coal and mineral rights underlying these lands, and in possession thereof, having conveyed them on the 28th…
1Opinion of the CourtGrosscup, Circuit Judge
(after stating the facts as above), delivered the opinion:
The right of the appellants to the decree asked for is based on the fact that the sale by the Master under which appellees claim was not specifically confirmed by the court, the contention being that a judicial sale under a decree of court must be approved and confirmed before it becomes final or conveys title: citing Williamson et al. v, Berry, 8 How. 495, 12 L. Ed. 1170; Chicago & Vincennes Railroad Company v. Fosdick, 106 U. S. 70, 27 L. Ed. 47; Pewabic Mining Company v. Mason, 145 U. S. 364, 12 Sup. Ct. 887, 36 L. Ed. 732; Hart v.…
2Cases cited11 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Williamson v. BerrySupreme Court of the United States · 1850
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Suydam v. WilliamsonSupreme Court of the United States · 1861
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Radetsky v. Gramm-Bernstein Motor Truck Co.Court of Appeals for the Eighth Circuit · 1925
- O'Connor v. TownsendCourt of Appeals for the Eighth Circuit · 1937