United States v. Conway

by the U.S. District Court for the District of Arkansas

United States District Court for the District of Arkansas

Hempst. 313

The United States  v.  James S. Conway

1. The "Act to regulate the sale of property on execution," approved 23d December, 1840, commonly called the valuation law, is constitutional, according to the doctrine in Bronson v. Kinzie, 1 How. 311, and its provisions must be followed in executing the final process of the court.
2. The obligation of a contract and the remedy to enforce it are distinct things, and whatever belongs to the remedy may be altered according to the will of the State, as to both past and future contracts, provided the alteration does not impair the obligation of the contract.
3. The obligation of a contract may be destroyed by den,ing a remedy altogether, or impaired by burdening the proceedings with new restrictions and conditions so as to make the remedy hardly worth pursuing; but a law which reserves property from sale one year, if two thirds of the appraised value shall not be offered, is not of that character.
4. A writ of venditioni exponas issued before the expiration of the year is irregular, and will be quashed on motion, and a supersedeas thereto ordered.

July, 1843.—Motion to quash a venditioni exponas, determined before Benjamin Johnson, district judge.

A. Fowler, district attorney, for the plaintiff.

Chester Ashley, for the defendant.