Legal Opinion

Cheely v. Clayton

Supreme Court of the United States

Decided March 10, 1884No. 18PublishedCited by 64 opinions

IN ERROR TO THE OIRCUIT COURT OP THE UNITED STATES POE THE DISTRICT OP COLORADO. This was a writ of error sued out by Sarah A. Claytoii and her tenant, Bichard Mackey, citizens of Colorado, to. reverse a judgment of the.

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IN ERROR TO THE OIRCUIT COURT OP THE UNITED STATES POE THE DISTRICT OP COLORADO. This was a writ of error sued out by Sarah A. Claytoii and her tenant, Bichard Mackey, citizens of Colorado, to. reverse a judgment of the. Circuit Court of the United States for the District of Colorado, in an action brought against them by Sarah A. Clayton, describing herself a citizen and resident of Illinois, and widow and heir-at-law of James ~W. Clayton, deceased, to recover a tract of. land in the County of Jefferson and State of Colorado, and a lode, mining claim and quartz mill in Gilpin County in that…

1Opinion of the CourtJustice Gbay

After reciting the facts in the foregoing language, he continued:

The true question in this case is, which of the two Sarah A. Claytons was the lawful wife of James W. Clayton at the time of his death, and as such entitled by the statutes of Colorado to inherit one-half of his real estate. Revised Statutes of 1867, ch. 23; General Laws of 1877, ch. 26. In order to avoid the confusion arising from the identity 'of name, from their transposition on the docket of this court, and from the death of one of them pending the writ of error, it will be convenient to designate them, as in the record of…

2Cases cited6 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. Ross v. RossMassachusetts Supreme Judicial Court · 1880
  3. Cheever v. WilsonSupreme Court of the United States · 1870
  4. Meister v. MooreSupreme Court of the United States · 1878
  5. Settlemier v. SullivanSupreme Court of the United States · 1879

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3Cited by64 opinions

  1. Hilton v. GuyotSupreme Court of the United States · 1895
  2. Grannis v. OrdeanSupreme Court of the United States · 1914
  3. Davis v. DavisSupreme Court of the United States · 1938
  4. Anderson v. WattSupreme Court of the United States · 1891
  5. Atherton v. AthertonSupreme Court of the United States · 1901

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