Legal Opinion

Carneal v. Banks

Supreme Court of the United States

Decided February 19, 1825PublishedCited by 52 opinions

The treaty of 1778, between the United States, and France, allowed the citizens of either country to hold lands in the other ; and the title, once vested in a French subject, to hold lands in the United States, was not devested by the abrogation of that treaty, and the expiration of the subsequent convention of 1800. Bill to rescind a contract for the exchange of lands dismissed under the special circumstances of the case.

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The treaty of 1778, between the United States, and France, allowed the citizens of either country to hold lands in the other ; and the title, once vested in a French subject, to hold lands in the United States, was not devested by the abrogation of that treaty, and the expiration of the subsequent convention of 1800. Bill to rescind a contract for the exchange of lands dismissed under the special circumstances of the case. THESE causes was argued by Mr. Jones, for Banks, and by Mr. Bibb, for Carneal and others.

1Opinion of the CourtChief Justice Marshall

These appeals are from a decree of the Circuit Court for the District of Kentucky, in which Carneal’s heirs were decreed to pay Henry Banks 2,500 dollars, for failing to perform a contract entered-into between Thomas Carneal, their ancestor, and the said Henry Banks.

The bill filed by Henry Banks, charges, that his agent, Cuthbert Banks, entered into R contract with Thomas Carneal, whereby he agreed to transfer to Carneal the right of the said Banks in 30,000 acres of land purchased by him from JohreHarvie, for which right said Carneal “ agrees to give a tract of 2,000 acres of land on Green…

2Cases cited1 opinion

  1. Chirac v. Lessee of ChiracSupreme Court of the United States · 1817

3Cited by52 opinions

  1. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  2. James Conolly and Others v. Richard Taylor and OthersSupreme Court of the United States · 1829
  3. Grant County Deposit Bank v. McCampbellCourt of Appeals for the Sixth Circuit · 1952
  4. Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914
  5. Newman-Green, Inc. v. Alejandro Alfonzo-Larrain R.Court of Appeals for the Seventh Circuit · 1988

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