Smith v. Kernochen
Supreme Court of the United States
The Reporter finds the following statement of the case, prepared by Mr. Justice Nelson, and prefixed to the opinion of the court. This is a writ of error to the Circuit Court of the United States for the Southern District of the State of Alabama.
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The Reporter finds the following statement of the case, prepared by Mr. Justice Nelson, and prefixed to the opinion of the court. This is a writ of error to the Circuit Court of the United States for the Southern District of the State of Alabama. The plaintiff below, Kernochen, a citizen, of New York, brought an action of ejectment against the defendants to recover the possession of eleven hundred and sixty acres of land, situate in that State,'and to. which he claiméd title. On the trial it appeared that Archibald K. Smith, being the owner in fee of the premises, executed a mortgage of the…
1Opinion of the Court
Mr-. Justice NELSON,
after reading the statement of the case prefixed .to this report, proceeded to deliver the opinion of the court.
We are of opinion, that the charge of the court below upon the question of jurisdiction was substantially correct.
It might have been placed upon ground less open to objection. The case admits that Kernochen, the plaintiff, was not charged-' ble with notice of the motive of the company in assigning the mortgage to a citizen of another State; he was not chargeable, therefore, with the legal consequences that might result from the existence of such knowledge. He…
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