Legal Opinion

Ellicott v. Pearl

Supreme Court of the United States

Decided January 15, 1836PublishedCited by 19 opinions

IN error to the circuit court of the United States, for the district of Kentucky. The plaintiffs in error, citizens of the state of Maryland, on the 17th day of January 1831, sued out of the circuit court of the United States for the district of Kentucky, a writ of right against William Pearl, for a tenement containing one thousand acres of land, in the county of Laurel, in the state of Kentucky.

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IN error to the circuit court of the United States, for the district of Kentucky. The plaintiffs in error, citizens of the state of Maryland, on the 17th day of January 1831, sued out of the circuit court of the United States for the district of Kentucky, a writ of right against William Pearl, for a tenement containing one thousand acres of land, in the county of Laurel, in the state of Kentucky. The defendant appeared and took defence, and put hijnself on the assize; praying recognition to be made, whether he had greater right to hold the said tenement, with the appurtenances, as he held it;…

1Opinion of the CourtJustice Story

This is a writ of error to the judgment of the circuit court for the district of Kentucky, upon a writ of right, sued forth on the 17th of January 1831; in which the plaintiffs in error were the demandants. The proceedings are in the form .prescribed by the statute of Kentucky ; and the cause was tried upon the issue joined by the parties. There were several writs of right against other tenants of distinct parcels of the same tract of land, held by the tenants, respectively, under a common title; and all of them were tried at the same time, by- consent of ihe parties; as the same evidence was…

2Cases cited3 opinions

  1. Queen v. HepburnSupreme Court of the United States · 1813
  2. Davis v. WoodSupreme Court of the United States · 1816
  3. Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813

3Cited by19 opinions

  1. State v. ChewSupreme Court of New Jersey · 1997
  2. Crawford v. NilanNew York Court of Appeals · 1943
  3. In Re Custody of FrankSuperior Court of Pennsylvania · 1980
  4. United States v. Lee R. SmithCourt of Appeals for the D.C. Circuit · 1974
  5. Carrere v. City of New OrleansSupreme Court of Louisiana · 1926

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