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Originally Posted by scooterdog
"Since in common usage, the term person does not include the Sovereign, statutes not employing the phrase are ordinarily construed to exclude it." U.S. v. Fox 94 U.S. 315.
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Having read the entire text of this case, I can tell you that this quote appears NOWHERE within.
That's part of the problem with you folks...you tend to just cut and paste stuff from some knucklehead's website without bothering to double-check the citations.
This case was about a man who, in his will, left some land in New York state to the federal government. The question was whether such a devise was permitted under New York law.
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That [New York] statute provides that a devise of lands may be made 'to any person capable by law of holding real estate; but no devise to a corporation shall be valid unless such corporation be expressly authorized by its charter or by statute to take by devise.'
The term 'person' as here used applies to natural persons, and also to artificial persons,-bodies politic, deriving their existence and powers from legislation,-but cannot be so extended as to include within its meaning the Federal government. It would require an express definition to that effect to give it a sense thus extended. And the term 'corporation' in the statute applies only to such corporations as are created under the laws of the State. It was so held by the Court of Appeals in White v. Howard, 46 N. Y. 164, 165, and its construction of the statute is conclusive upon us. A devise to the United States of real property situated in that State is, therefore, void.
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The case also says this:
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It is an established principle of law, everywhere recognized, arising from the necessity of the case, that the disposition of immovable property, whether by deed, descent, or any other mode, is exclusively subject to the government within whose jurisdiction the property is situated. McCormick v. Sullivant, 10 Wheat. 202. The power of the State in this respect follows from her sovereignty within her limits, as to all matters over which jurisdiction has not been expressly or by necessary implication transferred to the Federal government.
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DID YOU SEE THAT? "The power of the State in this respect follows from HER sovereignty..." You are not a sovereign. The government, whether state or federal, is the sovereign.
You can see the full text of the Fox case here:
http://caselaw.lp.findlaw.com/cgi-bi...l=94&invol=315