Legal Opinion

Kearney v. Taylor

Supreme Court of the United States

Decided February 16, 1854PublishedCited by 25 opinions

This was an appeal from the Circuit Court of the United States for the District of New Jersey, sitting as a court of equity. ■ The bill was filed by by Thomas and Horatio Kearney, and their sisters, Catherine, Anastasia, and Anne, who were the children of Edmund Kearney, deceased. The_ complainants were- citizens of several States, viz.: Thomas *and Catherine of Mississippi, Anne of Connecticut, Anastasia of Michigan, and Horatio of Ohio.

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This was an appeal from the Circuit Court of the United States for the District of New Jersey, sitting as a court of equity. ■ The bill was filed by by Thomas and Horatio Kearney, and their sisters, Catherine, Anastasia, and Anne, who were the children of Edmund Kearney, deceased. The_ complainants were- citizens of several States, viz.: Thomas *and Catherine of Mississippi, Anne of Connecticut, Anastasia of Michigan, and Horatio of Ohio. The defendants were all citizens of New Jersey, and were as follows, viz.: John I. Taylor, Edward Taylor, Isaac K. Lippincott, Ezra Osborne, John Hopping,…

1Opinion of the CourtJustice Nelson

delivered the opinion of the Court.-'

This is an appeal from a decree of the Circuit Court of the United States for the District of New Jersey.

The bill was filed in the court below by the heirs of Edmund Kearney, deceased, against the defendants, to set aside a sale of a part of a farm descended to them, situate on Raritan Bay, in New Jersey, under an order of the Orphans’ Court in that State, in a case of partition, a sale having been ordered upon the ground that partition could not be made without prejudice to the interest of the heirs. The farm, consisting of some seven hundred and…

2Cases cited3 opinions

  1. Gardiner v. MorseSupreme Judicial Court of Maine · 1845
  2. McCauly v. GivensCourt of Appeals of Kentucky · 1833
  3. Steele v. EllmakerSupreme Court of Pennsylvania · 1824

3Cited by25 opinions

  1. In Re Beck Industries, Inc.Court of Appeals for the Second Circuit · 1979
  2. Anderson v. WilkinsSupreme Court of North Carolina · 1906
  3. Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
  4. Hyer v. Richmond Traction Co.Supreme Court of the United States · 1897
  5. Johnson v. TaylorTexas Supreme Court · 1883

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