Legal Opinion

Davis v. Mason

Supreme Court of the United States

Decided February 22, 1828PublishedCited by 28 opinions

THE lessee of Richard B. Mason commenced an action of ejectment in the Circuit Court for the district of Kentucky, against John, Davis and others. tenants in possession, for the recovery of eight thousand acres of land, claiming, to recover thei same under a right of entry under, and by virtue of a grant from the state of Virginia to George Mason.of Fairfax, dated 19th of March 1817. • William Mason and others conveyed, by deedj .their interest in and to the land in contest,…

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THE lessee of Richard B. Mason commenced an action of ejectment in the Circuit Court for the district of Kentucky, against John, Davis and others. tenants in possession, for the recovery of eight thousand acres of land, claiming, to recover thei same under a right of entry under, and by virtue of a grant from the state of Virginia to George Mason.of Fairfax, dated 19th of March 1817. • William Mason and others conveyed, by deedj .their interest in and to the land in contest, (they being children of the paten-tee,) to. George Mason of'Lexington, the eldest son of 'George Mason the patentee..…

1Opinion of the Court

.Mr. Justice Johnson

delivered the opinion of the Court:—

The plaintiffs here were .defendants below, to an action of ejectment, brought to recover eight thousand acres of land lying in the state of Kentucky.

The law of real estates in Kentucky, therefore, is the law.of this Court, in deciding on the rights of the parties. The plains tiffs below,-derives title under, 1st, a patent to George Mason of Gutiston, issued in 1787" — 2d, a deed of bargain and vs'ale, from s.even out of nine legal representatives of the' patentee, their brother, to George Mason of Lexington,, executed in 1794 — 3d, a…

2Cases cited2 opinions

  1. Jackson ex dem. Beekman v. SellickNew York Supreme Court · 1811
  2. Turner v. TurnerCourt of Appeals of Kentucky · 1822

3Cited by28 opinions

  1. Mettler v. MillerIllinois Supreme Court · 1889
  2. Smith v. PowerTexas Supreme Court · 1859
  3. Allen v. HanksSupreme Court of the United States · 1890
  4. New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
  5. Day v. CochranCourt of Appeals of Mississippi · 1852

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