Legal Opinion

Preston v. Browder

Supreme Court of the United States

Decided March 18, 1816PublishedCited by 25 opinions

Error to the circuit court for the district of East Tennessee. This was an action of ejectment commenced by the plaintiff in error in that court. On the trial of the cause, the plaintiff produced and . read in evidence an entry made on the 25th of February, 1778, in the name of Ephraim! Dunlap, for 400 acres- of land in the point between Tennessee and Holston rivers.

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Error to the circuit court for the district of East Tennessee. This was an action of ejectment commenced by the plaintiff in error in that court. On the trial of the cause, the plaintiff produced and . read in evidence an entry made on the 25th of February, 1778, in the name of Ephraim! Dunlap, for 400 acres- of land in the point between Tennessee and Holston rivers. Also, a grant to said Dunlap, issued in virtue óf, and founded: upon,, said- entry, under the great seal , of the state °f North Carolina, ..dated the 29th of July, 1793;. vvhich grant was duly registered. The plaintiff also,…

1Opinion of the Court

Todd; J.,

delivered the opinion of the court, and, after stating the facts, proceeded as follows:

The question now tó be decided by the court is; whether the charge and instructions required, by the plaintiff’s counsel ought to have been given, '.and whether the one given was correct.

In the construction of the. statutory or local laws of a síáte, it is frequently necessary to recur to the history and situation of the country, in order to ascertain the reason', as well as the. meaning, of many of the provisions in them, to enable a court to apply, with propriety,.the different rules for…

2Cases cited1 opinion

  1. Fletcher v. PeckSupreme Court of the United States · 1810

3Cited by25 opinions

  1. Wright v. VogtSupreme Court of New Jersey · 1951
  2. Mobile & Ohio Railroad v. TennesseeSupreme Court of the United States · 1894
  3. Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1832
  4. Funk v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
  5. Opinion of the JusticesSupreme Court of New Hampshire · 1891

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