Perry v. Sweeny
Court of Appeals for the D.C. Circuit
Hearing on an appeal from an interlocutory order (leave to appeal having been specially allowed) sustaining a demurrer to a plea of res judicata in an action of ejectment.
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Hearing on an appeal from an interlocutory order (leave to appeal having been specially allowed) sustaining a demurrer to a plea of res judicata in an action of ejectment. The Court in its opinion stated the case as follows: This is an appeal from an interlocutory order of the Supreme Court of the District, in an action of ejectment, allowed by order of this court under the authority conferred by Section 7 of the act establishing the Court of Appeals and defining its jurisdiction. The appellee, Mary E. Sweeny, as plaintiff below, brought the suit to recover certain parcels of land in the city…
1Opinion of the CourtJustice Shepard
1. The question presented for decision is this: Whether, after a contest and in pursuance of the verdict of a jury found upon issues duly certified to the Circuit Court, a will shall have been admitted to probate in the special term for Orphan’s Court business, the decree thereof shall be held to be conclusive in an action of ejectment between the same parties, wherein the said will is offered as evidence of title by the devisees?
From a very early day in England, the ecclesiastical courts had exclusive j urisdiction over wills of personalty; but there was no such thing as the probate of a…
2Cases cited22 opinions
- Stone v. United StatesSupreme Court of the United States · 1897
- Gelston v. HoytSupreme Court of the United States · 1818
- Ellis v. DavisSupreme Court of the United States · 1883
- Robertson v. PickrellSupreme Court of the United States · 1883
- Pegg v. WarfordCourt of Appeals of Maryland · 1853
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