Lessee of Smith v. McCann
Supreme Court of the United States
This case was brought up by writ of error from the Circuit Court of the United States for the district of Maryland. The facts are stated in the opinion of the court. The points on behalf of the plaintiffs in error were the following.
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This case was brought up by writ of error from the Circuit Court of the United States for the district of Maryland. The facts are stated in the opinion of the court. The points on behalf of the plaintiffs in error were the following. The counsel contended that the instruction given by the court below was erroneous, and cited these authorities % McMeehen v. Marman, 8 Q-. and J., 57, 73, 74, 75. Jackson v. Graham, 3 Gaines’s R., 188. Jackson v. Scott, 18 .Johnson’s R., 94. Jackson ex dem. Cary v. Parker, 9 Cowen R.,- 85. Jackson ex dem. Ten Eyck v. Walker, 4 Wendell, 462. Culbertson v. Martin,…
1Opinion of the CourtChief Justice Taney
delivered the'opinion of the court.
This case comes up upon a writ of error to .revise the judgment of the Circuit Court for the district of Maryland, in an action of ejectment brought by the plaintiff in error against the defendant to recover certain lands lying in that State.
The plaintiff, in order to show title to the land claimed, of-, fered in evidence, that Smith and Butt, lessors of the plaintiff, having sold cotton to Fenby & Brother, of Baltimore, in 1857, drew on them for the sum due, and their bills were protested to the amount of $13,708. They thereupon brought-suit on the 3d of…
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