View Full Version : Conditions Annexed To Conveyance
palani
5th October 2013, 07:37 PM
From A Complete Body of Conveyancing found here http://books.google.com/books?id=fG00AAAAIAAJ&pg=PA625&dq=dedimus+potestatem&hl=en&sa=X&ei=dL1QUtGgOqrMyQHH0IHwDQ&ved=0CGUQ6AEwCQ#v=onepage&q=dedimus%20potestatem&f=false
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Now isn't that interesting. A condition on a conveyance might is still attached to the property no matter how many times that property has been transferred.
palani
5th October 2013, 07:38 PM
Here is a conveyance .. from France to the United States. http://www.archives.gov/exhibits/american_originals/louistxt.html
Here is a condition annexed to that conveyance
Art: III
The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all these rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
So it has been established that this condition remains in effect basically forever. Now as to the manner of meeting this condition ... understand that the incorporation of the inhabitants according to the principles of the federal constitution DOES NOT mean as amended by the 14th amendment. This treaty was approved by Congress in 1803. The 14th amendment didn't come along until 1868. So sorry. Any states established under 14th amendment guidelines DO NOT not meet the specification of the condition annexed to the conveyance of the territory.
palani
5th October 2013, 07:57 PM
This one ought to be interesting to anyone following the obamacare debate.
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