Legal Opinion

McCabe v. Worthington

Supreme Court of the United States

Decided March 18, 1854PublishedCited by 8 opinions

This case was brought up from the Supreme Court of the State of Missouri, by a writ of error issued under the 25th section of the Judiciary Act. It was an action of ejectment commenced by the plaintiff against the defendant in the State' Circuit Court of Missouri, where the defendant had judgment, which, on appeal by the plaintiff to the Supreme Court of the State of Missouri, was affirmed by that court. The plaintiff’s title rested on a concession by the.

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This case was brought up from the Supreme Court of the State of Missouri, by a writ of error issued under the 25th section of the Judiciary Act. It was an action of ejectment commenced by the plaintiff against the defendant in the State' Circuit Court of Missouri, where the defendant had judgment, which, on appeal by the plaintiff to the Supreme Court of the State of Missouri, was affirmed by that court. The plaintiff’s title rested on a concession by the. Spanish government in 1796, which was confirmed by a decree of the Supreme Court of the United States on the 21st January, 1836, on an…

1Opinion of the CourtJustice Catron

This cause comes here by writ óf error to the Supreme Court of Missouri, under the twenty-fifth section .of the judiciary Act. The error assumed to have been committed below, is that the court misconstrued the act of May 26,-1824, enabling claimants to lands in Missouri, to institute proceedings to try the validity of their claims.

The action being an ejectment, and the defendant in possession by virtue of patents from the United States, the only question is whether the plaintiff has a better legal title.

The plaintiff relies on a decree of this court, made in 1836, in favor of' Soulard’s heirs…

2Cited by8 opinions

  1. Dye v. CraryNew Mexico Supreme Court · 1906
  2. Trenier v. StewartSupreme Court of the United States · 1880
  3. Ableman v. BoothWisconsin Supreme Court · 1859
  4. Steinbach v. MooreCalifornia Supreme Court · 1866
  5. Stewart v. TrenierSupreme Court of Alabama · 1873

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