Williams v. Peyton's Lessee,
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17 U.S. 77 (1819)
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U.S. Supreme Court
Williams v. Peyton's Lessee, 17 U.S. 4 Wheat. 77 77 (1819)
Williams v. Peyton's Lessee
17 U.S. (4 Wheat.) 77
In the case of a naked power not coupled with an interest, the law requires every prerequisite to the exercise of that power should precede it.
The party who sets up a title must furnish the evidence necessary to support it. If the validity of a deed depends on an act in pais, the party claiming under it is as much bound to prove the performance of the act as he would be bound to prove any matter of record on which the validity of the deed might depend.
In the case of lands sold for the nonpayment of taxes, the marshal's deed is not even prima facie evidence that the prerequisites required by law have been complied with, but the party claiming under it must show positively that they have been complied with.