Kempe's Lessee v. Kennedy
Supreme Court of the United States
ERROR to the circuit court of the district of New-Jersey, in an action of ejectment brought by John Den, lessee of Grace Kempe, a British subject, against R. Kennedy arid M. Cowell, citizens of- the state of New-Jersey, for land in that state.
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ERROR to the circuit court of the district of New-Jersey, in an action of ejectment brought by John Den, lessee of Grace Kempe, a British subject, against R. Kennedy arid M. Cowell, citizens of- the state of New-Jersey, for land in that state. Upon the trial of the cause upon the general issue, a bill of exceptions was taken by the plaintiff, which presents the following case : Grace Coxe, the lessor of the plaintiff, being seised m lee ot the land m question, before the year 1772 intermarried with John Tabor Kempe, who died in August, 1792. They resided in New-York before and during the war…
1Opinion of the Court
February 20.
Marshall, Ch.' J.
delivered the opinion of the court as follows:
In this case two points are made by the plaintiff in error. •
1. That the judgment rendered by the court of common pleas, which is supposed to bar the plaintiff’s title, is clearly erroneous.'
2. That it is an- absolute nullity, and is to be entirely disregarded in this suit.
However clear the opinion of the court may be, on? the first point, in favour of the plaintiff, it will avail her nothing unless she succeeds upon the se-, cond. Without repeating, therefore, those arguments which have been so well urged at the bar,…
2Cited by3 opinions
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