Lessor of Fisher v. Cockerell
Supreme Court of the United States
Error to the Court of Appeals of the state of Kentucky, to review a decision of that court, affirming a judgment of the Union county circuit court of that state, involving the validity of a law of the state of Kentucky, called the special occupying claimant law.
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Error to the Court of Appeals of the state of Kentucky, to review a decision of that court, affirming a judgment of the Union county circuit court of that state, involving the validity of a law of the state of Kentucky, called the special occupying claimant law. The action of ejectment was commenced in the circuit court of Union county, on the 20th of May 1822. At September term 1822, William Cockerell, the defendant, appeared, and at his instance, as well as of the plaintiff, an order of survey was passed, requiring the surveyor to lay off the land in controversy, as either party should…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — This is a writ of error to a judgment of the court of appeals of Kentucky, affirming a judgment of the Union county circuit court of that state.
The plaintiff brought an ejectment in the Union county circuit court, against the defendant, and in Juno term 1823, obtained judgment; on which a writ of habere facias possessionem Avas awarded. On the succeeding day, it was ordered, on the motion of the defendant, “that Josiah Williams and others be and they are hereby appointed commissioners, Avho, or any five of Avhom, being first SAvorn, do,…
2Cases cited2 opinions
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- Burke v. SmithSupreme Court of the United States · 1873
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- Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
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