Legal Opinion

Simms v. Guthrie

Supreme Court of the United States

Decided February 14, 1815PublishedCited by 18 opinions

Kentucky, in a suit in chancery. ERROR to the Circuit Court for the District of The facts of the case, as stated by the chief justice in delivering the opinion of the Court, were as follow: Charles Simms, the Plaintiff in error, having ed a judgment in ejectment for certain lands lying in Kentucky, in possession of the Defendants, for which the said Simms held a patent prior to that under which the Defendants claimed, a bill of injunction was filed by them, praying that lié…

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Kentucky, in a suit in chancery. ERROR to the Circuit Court for the District of The facts of the case, as stated by the chief justice in delivering the opinion of the Court, were as follow: Charles Simms, the Plaintiff in error, having ed a judgment in ejectment for certain lands lying in Kentucky, in possession of the Defendants, for which the said Simms held a patent prior to that under which the Defendants claimed, a bill of injunction was filed by them, praying that lié might be decreed-to convey to them so much of the land in their possession as was in-eluded within his patent. it…

1Opinion of the Court

Mabsuaü, Ch. J.

after stating the facts of the case, delivered the opinion of the Court as follows:

The first error assigned is that the entry and survey of the Plaintiff in error being prior to the claim made by Ash before the Court of commissioners, gave him a legal right to the land so .entered and surveyed, not to be affected by the subsequent claim of Ash.

The words of the act of assembly are, “ That all “ those who, before the said first day of January,1778, “ had marked out or chosen for themselves any waste “ or unappropriated lands, and built any house' or hut, “or made…

2Cited by18 opinions

  1. Findlay v. Hinde & WifeSupreme Court of the United States · 1828
  2. State ex rel. Hart v. BurkeSupreme Court of Louisiana · 1881
  3. Foster v. GoddardSupreme Court of the United States · 1862
  4. Barrington v. Bank of WashingtonSupreme Court of Pennsylvania · 1826
  5. Rogers v. RogersNew York Court of Chancery · 1828

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