Mulligan v. Corbins
Supreme Court of the United States
Error to the Court of Appeals of Kentucky; the case being this: Solomon Brindley, a free colored man, was the owner, in 1808, of a small house and lot of trifling value, on Upper Street, in the city of Lexington, and was now dead.
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Error to the Court of Appeals of Kentucky; the case being this: Solomon Brindley, a free colored man, was the owner, in 1808, of a small house and lot of trifling value, on Upper Street, in the city of Lexington, and was now dead. It did not appear when he died, or that he ever transferred the title to the property; but, at a very early day, William T. Barry occupied it, and this occupancy was continued after his death, by his legal representatives; until 1843, when it was sold, as Barry’s property, on an execution in favor of the old Bank of Kentucky (then mainly owned by apd under the…
1Opinion of the Court
Mr.' Justice DAYIS
delivered the opinion of the court.
The only question that arises in this ease, which it is competent for this court to decide, is, whether'the act of the legislature of Kentucky, passed on the 4th day of April, 1861, is repugnant to the Constitution of the United States, because it impairs the obligation of a contract.
If the legislature had the power to release to the defendants in error the right of the State to the property in controversy, both common justice and the good name of the commonwealth demanded the exercise of. that power, under the circumstances of this case.…
2Cited by3 opinions
- In re MooreDistrict Court, W.D. Kentucky · 1901
- Engle v. State Land BoardOregon Supreme Court · 1940
- Ex parte GraysonDistrict Court, W.D. Washington · 1914