Description - Restraints on the Alienation of Property by John Chipman Gray
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ... PREFACE TO THE SECOND EDITION. "In 1876 I shared the surprise, common to many lawyers, at the opinion of the Supreme Court of the United States in the case of Nichols v. Eaton." So I wrote in the Preface to the first edition. Surprise was an inadequate word. The people of the United States have many virtues, but all nations have their failings, and there are passages in the history of every country which it is painful for its citizens to contemplate. In our own history, political and social, the pages from which we most gladly avert our eyes are those which record our shortcomings in the matter of commercial honesty. More than once have we been saved from national repudiation by the integrity and courage of some one man; to save from State repudiation the one righteous man has at times been wanting; and more rehabilitated cheats have lived tolerated, if not honored, in our cities than it is pleasant to think of; If there is one sentiment, therefore, which it would seem to be the part of all in authority, and particularly of all judges, to fortify, it is the duty of keeping one's promises and paying one's debts. Nor could it be said that the highest tribunal in the country had been wanting in this matter. Not long before, it had strained its jurisdiction to the uttermost to compel defaulting towns and counties to pay their obligations; and it had recently declared that no interest in property could "be so fenced about by inhibitions and restrictions as to secure to it the inconsistent characteristics of right and enjoyment to the beneficiary and immunity from his creditors." When, therefore, the Supreme Court went out of its way to announce that it now repudiated its former doctrine, and that it wished it to be known that propert
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