Lessee of Samuel Smith, in Error v. Rober Trabue's Heirs, by James Trabue, Their Next Friend
Supreme Court of the United States
IN error to the circuit court of the United States for the district of Kentucky. In the circuit court, the defendants in error filed a petition in May . 1830, setting forth that on the demise of Richard Smith, an action of ejectment was instituted in the circuit court against Richard Fenn, with notice to Hiram Bryant and William Bryant and others; that the Bryants were tenants to the petitioners and to Robert Trabue, who appeared to the ejectment, had his tenants entered as…
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IN error to the circuit court of the United States for the district of Kentucky. In the circuit court, the defendants in error filed a petition in May . 1830, setting forth that on the demise of Richard Smith, an action of ejectment was instituted in the circuit court against Richard Fenn, with notice to Hiram Bryant and William Bryant and others; that the Bryants were tenants to the petitioners and to Robert Trabue, who appeared to the ejectment, had his tenants entered as defendants; and a judgment was rendered at May term 1828 against them. No writ, of habere facias possessionem was issued…
1Opinion of the CourtChief Justice Marshall
This is a writ, of error to a judgment of restitution awarded ■by the court of the United States for the seventh circuit and district of Kentucky, whereby the tenant of the defendants in error was restored to the possession of a tract of land from which he had been improperly removed, under the process of that court.
The defendants in error filed their petition in the circuit court, stating that a declaration of ejectment had been brought by John Doe, on the demise of Samuel Smith, and notice served on Hiram and William Bryant, the tenants of the petitioners; and a judgment was rendered…
2Cited by13 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Gregg v. ForsythSupreme Court of the United States · 1865
- Nacoochee Hydraulic Mining Co. v. DavisSupreme Court of Georgia · 1869
- Barton v. ForsythSupreme Court of the United States · 1867
- Stroheim v. DeimelCourt of Appeals for the Seventh Circuit · 1897
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