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PHILLIPS V. MOORE, 100 U. S. 208 (1879)

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Phillips v. Moore, 100 U.S. 208 (1879)

Phillips v. Moore

100 U.S. 208


1. A sale of lands in Texas, made before her separation from Mexico by a citizen to a nonresident alien, passed the title to the latter, who thereby acquired a defeasible estate in them which he could hold until deprived thereof by the supreme authority upon the official ascertainment of the fact of his nonresidence and alienage or upon the denouncement of a private citizen.

2. The court below properly allowed the plaintiff to file in the case a new petition, not differing in any substantial particular from the original, which was lost, without his fault.

3. The concluding clause of the third section of the act entitled

"An Act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from state courts, and for other purposes,"

approved March 3, 1875, 18 Stat., part 3, 470, does not repeal the provision of the Revised Statutes authorizing the court to try, upon the stipulation of parties, issues of fact without the intervention of a jury.

This was an action by Moore against Phillips and Hancock to recover possession of a tract of land in Texas. There was a finding and judgment against the defendants, who thereupon sued out this writ of error.

The facts are stated in the opinion of the Court.

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