Legal Opinion

Gilman v. Brown

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1817PublishedCited by 28 opinions

[In equity. Bill by Mary Gilman against Samuel Brown anil others.] This cause was by consent beard upon the bill, answer, and exhibits in the case. There were no facts in dispute between the parties; and the whole controversy turned upon questions of law.

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[In equity. Bill by Mary Gilman against Samuel Brown anil others.] This cause was by consent beard upon the bill, answer, and exhibits in the case. There were no facts in dispute between the parties; and the whole controversy turned upon questions of law. The material facts were these: In the month of January, 1700, sundry persons, and among them William Wetmore, purchased of the agents of certain persons in Georgia, called the “Georgia Mississippi Company,” then in Boston, a tract of land, then in the state of Georgia, and now in the Mississippi territory, estimated to contain 11,-3SO,OÜO…

1Opinion of the Court

STORY, Circuit Justice.

The material questions in this case are: 1st. What is the nature and validity of the plaintiff's title to the shares, which she claims in the lands of the Mew England Mississippi Laud Company? 2dly. Supposing it to be originally valid, is it extinguished? Or is the plaintiff estop-ped from asserting it, by the award of the commissioners? 3dly. If not, is she in equity entitled to claim her proportion of the certificates of the public stock, which have been received by the company under the award of the commissioners? The estate acquired by the first grantees, Messrs.…

2Cases cited1 opinion

  1. Garson v. GreenNew York Court of Chancery · 1814

3Cited by28 opinions

  1. Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
  2. Martin v. BeckerCalifornia Supreme Court · 1915
  3. Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
  4. Renick v. LudingtonWest Virginia Supreme Court · 1880
  5. Carlisle v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901

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