Branson v. Wirth
Supreme Court of the United States
In error to the Circuit Court for the Southern District of Illinois; the- case being thus: Wirth brought ejectment against Branson and another for the recovery of the nori/ieast quarter of section 18, in a certain township in Fulton County, Illinois.
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In error to the Circuit Court for the Southern District of Illinois; the- case being thus: Wirth brought ejectment against Branson and another for the recovery of the nori/ieast quarter of section 18, in a certain township in Fulton County, Illinois. On the trial he made title under a patent from the United States to one Leonard for the lot in question, dated 20th February, 1868. The defendants claimed title under a sale of. the lot for tkxes in 1848 under the laws of Illinois, in cousequence of the non-payment of the taxes laid in 1839. But as public lauds cannot be taxed, it was necessary…
1Opinion of the CourtJustice Bradley
The court below instructed the jury, that the defendants had not shown outstanding title to the lot in question, either in Giles Egerton, or in any one claiming under him, and that the plaintiff was entitled to recover. To this charge the defendants excepted.
The court did not state the ground on which the charge to the jury was based; whether on the ground that the original patent of Giles Egerton was in fact given for the southeast quarter-section, and not for the northeast quarter; or on the • ground that Egerton and those in privity with him were estopped on that point.
We will first…
2Cases cited1 opinion
- Elmondorff v. CarmichaelCourt of Appeals of Kentucky · 1823
3Cited by33 opinions
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Wirth v. BransonSupreme Court of the United States · 1878
- Smale & Robinson, Inc. v. United StatesDistrict Court, S.D. California · 1954
- Scott v. . BryanSupreme Court of North Carolina · 1936
- Aetna Casualty & Surety Co. v. Jeppesen & Co.District Court, D. Nevada · 1977
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