St. Landry democrat., 1884-03-01

wills 2S6, note Tayors Landlord an
/ Tenant, p. $40, sec. 982, Taylor on eject
ments, f79. It is true failure fo
{ breech of conditions, may he waived
out waiver cannot be implied from ST
lence. B. & NJ. r. r. Co, VS. BoestbeI
10 Iowa 1875 jackson VS.. Brock, 4 John
Cases 1875, Lawrence VS.. Clifford, r7 peel
J, 366; Pike VS.. Butler, 4 N. Y. $50; nor j
forfeiture waived by delay in erforc
ing it. Gray VS.. Blanchard peck 2s4
Perry VS.. Davis; 3 G. B. N. S. 769s; ;; Do,
vs.. Allen, 3 Taunt, IS Calderwood VS.
Brook, 28 Cal. 551 the will or intent OF
/ Congress is never implied from silence
but must always be ascertained from
enactments or resolutions. No waiver
Of forfeiture by Congress can be pre-
sumed unless such waiver is made By
Statute or resolution, either expressly
or by fair implication from the proyil
sioils expressed. Even if the grant be
en- DreseRtS, this revision will occur
whenever Congress assumes control
over the land. Amy act is as much pro-
lhbited by law of Congress. when to al
low it, would defeat the object of the
law. as though the inhibition were in
direct terms, declared Sheply VS.. Cow
an, / Otto 33O 1876; perhaps the patent
would be no legal bar, against Congress
declaring and enforcing a forfeiture
but would import the regular perform
ance of all prerequisites, Polk VS.. Wen
dali, 0 eli. 81.
If the grantee has already the legal
title, the patents are not necessary, but
are merely convenant of legal title to
the grantee. It wasin trust to dispose
OF the lands for the purpose named, and
for no other purpose. And the time
was limited within which the trust
could be executed. rf the legal title
did not pass, no power was given to
dispose of the lands. Ut is a well settled
rule that when power is given to a trns-
tee agent or other person, the power
must be strictly executed in regard to
time as we'll as other particulars; and
the power cannot be executed either be-
fore or after the time allowed. Daily
VS.. James, s Wheaton 1876; Boaraen VS..
Wells. 19 N. j. Eq. 87-96; Richardson
vs.. Sharp, 80 Bah. 229y Egerton VS.. Leon
2 Hare DO, Wright Wakeford II Vesey
Jr., 454 Perry on trusts, 609, p. 1888 -785
Wharton on agency, 253 & 758, Sugden
on powers, 8 A. NJ. Ed. 28s-4-5. Note
The Supreme Court of the United States
held that land grants employing the
words /: present grants, or grants IN pre-
sent; do not pass the legal title to the
grantee, Rice rs. Railroad Co., / Black
85a-978; Railway VS.. Prescott, is Wal
ACE, 60S; Railroad Co., vs. Mcshane.
y Wall. AL Humwell VS.. Cass Co., 90
Wall. 464. In helast three cases it was
ruled that eveniafter the com
1letion of the road within the time al
owed, the legal title was still in the
United States, the character of grant
'r other instrument is not determined
~ one phrase or clause but from a
of the several parts of theY
Instrument. Whether an instrument
hall operate to pass. an immediate in
crest in real or personal property, or
hall rest in contract depends upon the
Intention of the parties, to be collected
rom the whole instrument. Bringham Fl
n Real Property, 121 ) Bringham on +,
teal Property, 81; Warren VS.. Leland, +,
, Bah. 617: Russell VS.. Nicoll, 8 Wend Y
II Rice VS.. Railroad Co, Black, 355. *
my doubts that may exist on the ques-
ion are to be resolved in favor of the
oyernment, and against the grantee Il
Or such is the rules in constituting pub
c grants. Rice VS., Railroad Co., II
lack, $3.50; D g. p. r. r. Co., VS..
,etchfield, sS, Haw 66; Leavenwortf Fl
s. United States,2 2 Otto 1888 40; @. Z
!. Atty Gen. 81, 275. The legal title is 10
10 United States until patents issue. i
Ioore vs.. Robins, 8 Otto $50. Until pat &
nts issue the title remains in me d. Q
. Notwithstanding the sale and receipt !;
price. II Hennen, 1864, A. Ne. Gl
'69, No. 1, is How, 433. Until pate1S '
sue the title of United States is III Bt q
vested. and tbee&hole control of Z :
nited States. II Hennen 1870 No. 4 le
Then an instFu9nelt conveyiEre. = d
ansfer of Real Estate, provides s157 . :
lture conveyance the sse III alX.bs 4
asses by such an instrument, fG[SNa i
esting of legal title often depends on I
me future act or conveyance. Lear. 7