GERMAN
v.
UNITED STATES
GERMAN
UNITED STATES
5 Wall. 825
Supreme Court of the United States (1866)
Positive Treatment
Also reported at: 18 L. Ed. 502 · SCDB 1866-043 · 1866 U.S. LEXIS 987
Cited by 2 cases
Opinion of the Court
The CHIEF JUSTICE stated the case, and delivered the opinion of the court.
The appeal in this case was allowed on the 26th October, 1864, and the record was filed here on the 21st August, 1865.
This was too late. The record should have been brought and filed within the first sixty days of the next term of this court. This was not done, nor was the record returned within the term. The appeal, therefore, must be
Dismissed.
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S. Sur. Co. v. MacMILLAN Co., 58 F.2d 541 (10th Cir. 1932)…gives way to the intent of the parties as gathered from an examination of the whole instrument, and has frequently been thus explained and applied as expressing simply a covenant or limitation in trust.” Stanley v. Colt, 5 Wall. (73 U. S.) 119, 166, 18 L. Ed. 502. [*546] “It is trae that the word 'proviso’ is an appropriate one to constitute a common law condition in a deed or will, hnt this is not the fixed and invariable meaning attached to it by the law in these instruments. On the eon- [*547] “Where the…
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Kapiolani Maternity & Gynecological Hosp. v. Wodehouse, 70 F.2d 793 (9th Cir. 1934)…ift to a charitable corporation for some of its benevolent purposes on condition that it be so used constitutes a trust and not a conditional title to the property. In re Richardson, 56 L. J. (N. S.) Ch. 784; Stanley v. Colt, 72 U. S. (5 Wall.) 119, 18 L. Ed. 502; Wright v. Wilkin, 2 B. & S. 232, 252, 121 Eng. Rep. 1060, 1007. The appellant questions whether or not an estate upon condition can be created in personal property eiting Williams on Real Property (18th Ed.) p. 426; Gray, Rule Against Perpetuities,…