(DOWNLOAD) "Minnesota Company v. Chamberlain. Graham & Scott v. Same" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Minnesota Company v. Chamberlain. Graham & Scott v. Same
- Author : United States Supreme Court
- Release Date : January 01, 1865
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Messrs. Carpenter and Cushing, for the appellant: The decree was not one merely postopening the lease and judgment of Chamberlain as to other creditors, but one which annulled the lease and vacated the judgment. The language of it is of that kind, in regard to which it is impossible to attempt to give it strength; as impossible as to prove an axiom; or to reason into force a seal plainly set upon a bond. No illustration can make the decree plainer; for no language can be more specific, complete, or absolute, than that of the decree itself. When a lease is 'vacated, annulled, and made void, so that the same shall not hereafter be of any force or effect whatever;' and the lessee is 'perpetually enjoined and restrained' from claiming or doing anything under or by virtue of the lease; can anything more be done to complete its destruction? When a judgment is 'vacated, annulled, made void, set aside, so that the same shall have no further effect whatever,' can it be asserted that the judgment is good as between the parties to it, and remains a lien upon the debtor's property against all the world, except one? If this lease and judgment have any existence after the sweeping decree above quoted, then it is not in the power of any court to destroy either of them. By nothing, in short, but by violence upon language, can this decree be read otherwise than as it is written,–a clear, complete, absolute annihilation of both lease and judgment, to all intents and purposes, and as to all persons and parties. But three parties, it will be remembered, were before the court.