Ex parte French
Supreme Court of the United States
French sued Edwards and others to recover the possession of certain lands, alleging that he was the owner in fee, and that the defendants unlawfully withheld the possession from him. The defendants answered, setting up several defences, and among others the following: — 1. Want of title in the plaintiff. 2. Statute of limitations. 3. In some instances, title in themselves.
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French sued Edwards and others to recover the possession of certain lands, alleging that he was the owner in fee, and that the defendants unlawfully withheld the possession from him. The defendants answered, setting up several defences, and among others the following: — 1. Want of title in the plaintiff. 2. Statute of limitations. 3. In some instances, title in themselves. The case was submitted to the court without a jury; and upon the trial there was a special finding of facts, to the effect that the defendants were in the adverse possession' of the property ; that the plaintiff once held…
1Opinion of the CourtChief Justice Waite
The finding brought here., for review was special, and met only a part of the issues: If the conclusion of ■ law to which the .court came was correct, the other issues were immaterial. The case, was- disposed of without reaching them. We have, however, determined that the facts íoünd were not sufficient to justify the conclusion reached;- and have ordered the court to proceed with the case, notwithstanding the finding. -In effect; we have decided that the. court erred in not proceeding tó try the other issues. Our action only precludes that-court from adjudging in favor of the defendants upon…
2Cited by1 opinion
- Ex Parte FrenchSupreme Court of the United States · 1875