Buchannon v. Upshaw
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States for the district of Ohio, sitting as a court of chancery.
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This was an appeal from the Circuit Court of the United States for the district of Ohio, sitting as a court of chancery. The case was this.: John Buchannon and others filed a bill in the Circuit Court of Ohio against Upshaw, stating that Upshaw had obtained a judgment in an action of ejectment against them, and praying for two things: 1. That he, Upshaw, might be perpetually enjoined from proceeding in execution upon said judgment;.and, 2. That he might be compelled to convey by deed in fee simple, the land which had' been the subject of the suit in ejectment. The Circuit Court, after.…
1Opinion of the Court
Mr; Justice CATRON
delivered the opinion of the court.
This is an injunction bill, to restrain the defendant from taking out a writ of possession and an execution for costs, on a recovery, of seven hundred acres of land, by Upshaw, in an action of ejectment against the complainants in the Circuit Court of Ohio. They ask a perpetual' injunction of the execution, and a specific decree for title.
The complainants, and those under whom they claim, purchased from Philip Buckner, paid a full price, and took deeds dated in 1798 and 1799.
Buckner purchased.from Lyne Shackleford in November, 1797, when…
2Cases cited1 opinion
- Galloway v. FinleySupreme Court of the United States · 1838
3Cited by3 opinions
- Lenman v. JonesSupreme Court of the United States · 1911
- Lenman v. JonesCourt of Appeals for the D.C. Circuit · 1909
- Dogan v. BrownMississippi Supreme Court · 1870