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Llewellyn Price, Jun., for the use of Daniel W. Gaulley, Plaintiff in Error, v. Martha A. Sessions U.S. 624 (1845)

handle is hein.slavery/ussccases0322 and id is 1 raw text is: 0'24 SUPREME OtTRT. Price v.-S essionp. • was to settle the claims m ,as short a time as practicable, so as to efiable the govenment to sell the public lands. which could not be done with propriety until the private claims were ascertained. As 'these'were niany in number, and for large quantities, no choice was :ift to the governmeit biut their speedy settlement, and severance -from the public domain; such his beenits anxious policy through- out, as appears, from almost every law passed on the subject. In f828 the time for filing p~titions-before the courts was even reduced from two, years. to one, and a positive bar interposed in case of failure. This policy we think Congress intende& to maintain, and that the *Qurts of Florida had .no ju'ris diction to receive a petition for the confirmation of an iicomplete 'concession like the one b'efore us, after the 26th of May, 1831. Some stress has been placed on the language employed by this 'court in 'Delspine's caie, 15 Peters, 329; and on which it is sup- -posed the court below founded its decree on the head of jirisdictidn. There an amended petition.had been. filed after the expiration of a rear' from the 26th of May, 1831, and the, quiestion was.whether the defective petition, 'filed-in time, had.saved th6 bar, and it was held that-it ha'd: But sb far ffom holding that no bar xisted, the con- trary-is rather to be inferred; the direet question was neither d6cided or intended to-be. . -For.the reasons stated,-we order the7 decree of-the Superior Court of 'East Flbrida to be reversed, and direct that thd6 appellees! .peti- tion be dismissed. L.,WSjtyN PRICE, JUN., Fog THE uSE oF DmNrEL W. GArLLRY, PLAIN- TIFF IN ERROR, V. MRTAA A. SEssIoNs. 'Where a testator devised certain pioperty to his infant daughter, to be delivered over to her when she should arrive at' the age of eighteen years, and the daunghter, at the age of-sixteen, married the executor who'had the principal management of the estate, and possession of the property'devised, he must be considered as holding it as executor, and not as husband. The execuitors had no power to deliver the property to the daaughter, or to her guardian, or to her husband, before th happening of the contingency men- tioned'in the rill. The law of the state of Mississippi, providinrg that a wife should retain such -property in hiar own right, notwithstanding her coverture, having gone into operation before the daughter arrived atthe age'Qf eighteen years, the distri- bution to her -must be considered to have been made under that law. The property, there'fore, cannot be xespdnsible for the husband's debts. Tins case was brought up, by writ of error, from, the Circuit Couit of the United States for the southern-diStrict of Mississippi. The fats were these: iJune, 1836, l6usseHi Smith died, leaving a will, the second sect.ioi

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