Legal Opinion

McCool v. Smith

Supreme Court of the United States

Decided March 24, 1862PublishedCited by 79 opinions

VTrit of error to the Circuit Court of the United States for the northern district of Illinois. Hamilton- McCool brought ejectment in the Circuit Court against Spencer Smith for the northeast quarter of section eleven, in township 10 north, qf range 1 west, of the fourth principal meridian.

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VTrit of error to the Circuit Court of the United States for the northern district of Illinois. Hamilton- McCool brought ejectment in the Circuit Court against Spencer Smith for the northeast quarter of section eleven, in township 10 north, qf range 1 west, of the fourth principal meridian. The defendant pleaded not guilty, and a jury being called, found the following special verdict: “That the land mentioned in the said declaration was, on the 7th day of June, 1818, duly granted by the United States to Alonzo Redman,.for his military services in the late war between the United States and…

1Opinion of the CourtJustice Swayne

This was an action of ejectment in the court below. Smith was plaintiff, and McCool defendant. A special verdict was found by the jury. . The court rendered judgment for the plaintiff. The defendant has brought the case here by a writ of error, and is the plaintiff in error in this court.

The material facts of the case, as shown in the record, are as follows:

Polly Norris had four illegitimate children. Their names were: Alonzo Redman, Eleanor Fogg, Joseph Melcher, and Sophia Norton.

Alonzo Redman was the patentee of the land in controversy. He died without issue in the year 1825.

Joseph Melcher…

2Cited by79 opinions

  1. De Sylva v. BallentineSupreme Court of the United States · 1956
  2. Red Rock v. HenrySupreme Court of the United States · 1883
  3. Cope v. CopeSupreme Court of the United States · 1891
  4. Frost v. WenieSupreme Court of the United States · 1895
  5. Case of the Sewing MacHine CompaniesSupreme Court of the United States · 1874

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