Eaton v. Calhoun
District Court, W.D. Tennessee
Ejectment. This is an action of ejectment for a lot of land claimed by the plaintiff under the direct-tax- sales of lands within the insurrectionary districts of the United States, held under authority of the act of June 7, 1862, (12 St. at Large, 422,) he holding a deed from the commissioner of internal revenue, approved by the secretary of the treasury in pursuance of an act of congress of June 8, 1872, (12 St. at Large, 330.) The plaintiff and defendant are citizens of…
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Ejectment. This is an action of ejectment for a lot of land claimed by the plaintiff under the direct-tax- sales of lands within the insurrectionary districts of the United States, held under authority of the act of June 7, 1862, (12 St. at Large, 422,) he holding a deed from the commissioner of internal revenue, approved by the secretary of the treasury in pursuance of an act of congress of June 8, 1872, (12 St. at Large, 330.) The plaintiff and defendant are citizens of Tennessee, but the declaration avers “that the plaintiff claims title under the aforesaid acts of congress of June 7,…
1Opinion of the CourtHammond, J.
The case of Peyton v. Bliss, 1 Woolw. 170, relied on by the plaintiff to support the jurisdiction, was one of removal from the state court under the third section of the act of March 3, 1833, (4 St. at Large, 632,) and not of original jurisdiction under the second section. Suits may sometimes be removed to, which cannot, be originally brought in, the federal court. Barney v. Globe Bank, 5 Blatchf. 107. If the plaintiff here had been in possession of the land, and been sued by the defendant in the state court, the case of Peyton v. Bliss, supra, would, perhaps, apply, though the question…
2Cases cited11 opinions
- Mayor v. CooperSupreme Court of the United States · 1868
- Springer v. United StatesSupreme Court of the United States · 1881
- City of Philadelphia v. the CollectorSupreme Court of the United States · 1867
- Ex Parte SmithSupreme Court of the United States · 1877
- Hornthall v. CollectorSupreme Court of the United States · 1870
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3Cited by2 opinions
- United Wall Paper Factories, Inc. v. HodgesCourt of Appeals for the Second Circuit · 1934
- State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904