Legal Opinion

Jackson Ex Dem. People v. Clarke

Supreme Court of the United States

Decided February 18, 1818PublishedCited by 22 opinions

Error to the circuit court for the district of New-York. This was an action of ejectment commenced in the supreme court of the state of New-York, and (removed thence into the circuit court of the United States, for the New-York district, where, in 'September, 1815, a trial -was had, and a special verdict found, in - the words following, to wit: At which day in this same court, at the city of New-York, in the New-York district, came the parties aforesaid, by their attorneys…

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Error to the circuit court for the district of New-York. This was an action of ejectment commenced in the supreme court of the state of New-York, and (removed thence into the circuit court of the United States, for the New-York district, where, in 'September, 1815, a trial -was had, and a special verdict found, in - the words following, to wit: At which day in this same court, at the city of New-York, in the New-York district, came the parties aforesaid, by their attorneys aforesaid, and the jurors aforesaid being called also come, who to say the truth of the above contents, being elected,…

1Opinion of the CourtChief Justice Marshall

Judgment affirmed, with costs. c

c

In the. case of M‘Ilvaine v. Coxe’s lessee, 3 Cranch, 209, the court determined that a personborn in the colony otNewJersey, before the declaration of independence, and residing there until 1777, hut who then joined the. British army, and ever sineeadheredtotheBritish government, has a right tó lakelands by descent in the state of New-Jersey. But in Dawson’s lessee v. Godfrey, 4 Cranch, 321, it was held that a person born in England before the declaration of independence,and who always resided there, and never was in the United Stupes, could not take lands in…

2Cases cited5 opinions

  1. Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
  2. Dawson's Lessee v. GodfreySupreme Court of the United States · 1808
  3. United States v. WatkinsU.S. Circuit Court for the District of District of Columbia · 1833
  4. Kelly v. HarrisonNew York Supreme Court · 1800
  5. Foxall v. McKenneyU.S. Circuit Court for the District of District of Columbia · 1827

3Cited by22 opinions

  1. Hess v. StateSupreme Court of Oklahoma · 1921
  2. United States v. KarnuthCourt of Appeals for the Second Circuit · 1928
  3. Fox v. SouthackMassachusetts Supreme Judicial Court · 1815
  4. United States v. DeloicDistrict Court, W.D. Washington · 1924
  5. (HC) Griffin v. PriceDistrict Court, E.D. California · 2021

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