Gardner v. Collins
Supreme Court of the United States
IN the circuit court of the United States for the district of Rhode Island, the plaintiff, William C. Collins, instituted an action of ejectment for the recovery of two-thirds of certain real estate in the state of Rhode Island, of which .Mary C. Gardner died seised ánd intestate.
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IN the circuit court of the United States for the district of Rhode Island, the plaintiff, William C. Collins, instituted an action of ejectment for the recovery of two-thirds of certain real estate in the state of Rhode Island, of which .Mary C. Gardner died seised ánd intestate. The facts of the case agreed upon were as follows: “ The estate in question, two-thirds of which is demanded by" the plaintiff, in his said writ, was the estate in fee simple of the late John Collins, esq. deceased, the father of the defendant, and the purchaser of said estate. That the said late John-Collins died…
1Opinion of the CourtJustice Story
This case comes before us from the circuit court of Rhode Island, upon a certified division of opinion of the judges of that court, upon the question whether the plaintiff1 was entitled to recover upon a statement of facts incorporated into the record. The action was an ejectment for two-third parts of certain land described in the writ; and the title of the parties being by descent, depends altogether upon the true construction of the statute of descents of Rhode Island, of 1822. Accordingly as that statute shall be construed, the land now in controversy bélongs to the plaintiff or the…
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