Benjamin F. Morgan, in Error v. Alfred G. Curtenius and John L. Griswold
Supreme Court of the United States
This ease was - brought up, by writ of error, from the Circuit Court of the United States for the district of Illinois. It was the same case which was before the court at the preceding term, as noticed in 19 Howard, 8. The case is stated in the opinion of the court.
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This ease was - brought up, by writ of error, from the Circuit Court of the United States for the district of Illinois. It was the same case which was before the court at the preceding term, as noticed in 19 Howard, 8. The case is stated in the opinion of the court. Mr. Washbume referred to the cases' of Frisby v. Ballance 2* Gilman, 141, and Frink v. Davit, 14 Illinois’ Reports, 304; and contended that the last decision had declared the law of the State, by which the deed of Bogardus to -Underhill did not, by the subsequently-acquired title of Bogardus, pass the title in fee. The decision of…
1Opinion of the CourtJustice Grier
The plaintiff in error, who was also plaintiff below, brought his ejectment for certain lots in the town of Peoria. On the. trial, he gave in evidence a patent from the United States to John L. Bogardus, dated 5th of January, 1838; the will of Bogardus, proved 7th of July, 1838, in which he authorizes his executrix to-sell his lands; a deed from the executrix, dated September 25th, 1845, to Seth L. Cole; also, a deed from Cole to Frink, and from Frink to plaintiff. The defendants claimed under Isaac Underhill, to whom Bogardus had conveyed by deed, dated 5th August, 1834, purporting, for the…
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