Insley v. United States
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was a bill in equity brought by. the United States' to redeem lot 1, block 104, Fort Scott, Kansas, the title to which lot is now held by Elizabeth McElroy, the real defendant in the case.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was a bill in equity brought by. the United States' to redeem lot 1, block 104, Fort Scott, Kansas, the title to which lot is now held by Elizabeth McElroy, the real defendant in the case. A demurrer was originally filed to the bill upon the ground of laches and was sustained by the court below; but the decree dismissing the bill was reversed by this court, United States v. Insley, 130 U. S. 263, and the case remanded with a direction for further proceedings. The substantial facts were that on August 3,1869, one Moses…
1Opinion of the Court
Mr. Justice Brown,
after stating the case, delivered the opinion of the court..
The quéstion in this case is whether the proceedings by scire facias, taken by the United States to enforce the forfeiture of McEhoy’s recognizance, operated to divest his title to the lands in dispute.(1) The argument of the appellants in this connection is that, under Rev. Stat. § 1014, authorizing commissioners* “ to take bail in any State where he ” (the accused) “ may be found, and agreeably to the usual mode of process against offenders in such State,” proceedings for the enforcement of bail bonds should…
2Cases cited4 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Wylie v. CoxeSupreme Court of the United States · 1854
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Ransom v. WilliamsSupreme Court of the United States · 1865
3Cited by27 opinions
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- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
- Union Joint Stock Land Bank of Detroit v. ByerlySupreme Court of the United States · 1940
- Union Pac. Ry. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1894
- Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
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