Hylton v. Brown
U.S. Circuit Court for the District of Pennsylvania
This cause, which was tried at the adjourned court, in January [Case No. 6,981], and in which a venire de novo was awarded, came on now to be tried again. The evidence was the same as at the former trial. The defendant, having stated and shown his possession and title, called for the produetion of the will of Joseph Griswold, after proving a notice to the plaintiff to produce it, and also that it was in his possession.
Read the full summary
This cause, which was tried at the adjourned court, in January [Case No. 6,981], and in which a venire de novo was awarded, came on now to be tried again. The evidence was the same as at the former trial. The defendant, having stated and shown his possession and title, called for the produetion of the will of Joseph Griswold, after proving a notice to the plaintiff to produce it, and also that it was in his possession. In addition to the cases formerly cited and relied on, Metcalf v. Hervey, 1 Ves. Sr. 248, was now read; in which Lord Hardwicke determined, that a defendant in possession,…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). The question is, what is the operation of the act of March, 1779, on the rights •of these parties? It is contended by the defendant, that the lessor of the plaintiff, claiming under Joseph Griswold the father, who was attainted, and his land seized, and sold, he is barred of all remedy against the purchaser, but must look to the state for indemnification. But this argument is built upon a begging of the question. The defendant asserts, that the father was the person attainted, which the lessor of the plaintiff denies. If, in fact, he was the person at-tainted, and the only…
2Cited by4 opinions
- Branch Bank at Montgomery v. ParkerSupreme Court of Alabama · 1843
- American Sugar Refining Co. v. BidwellU.S. Circuit Court for the District of Southern New York · 1903
- Armstrong v. BidwellU.S. Circuit Court for the District of Southern New York · 1903
- American Sugar Refining Co. v. BidwellU.S. Circuit Court for the District of Southern New York · 1903