Irvine v. Irvine
Supreme Court of the United States
Error to the Circuit Court for the District of Minnesota. The case was thus: Benjamin Irvine brought ejectment against his brother John Irvine, to recover from the said John possession of certain lots. He put in evidence a patent (founded on a preemption certificate) from the United States to him, dated 8th October, 1849, and embracing the lots in controversy.
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Error to the Circuit Court for the District of Minnesota. The case was thus: Benjamin Irvine brought ejectment against his brother John Irvine, to recover from the said John possession of certain lots. He put in evidence a patent (founded on a preemption certificate) from the United States to him, dated 8th October, 1849, and embracing the lots in controversy. The patent recited full payment by the said Benjamin, “according to the provisions of an act of Congress of the 24th of April, 1820.” The defendant then offered in evidence a deed of conveyance from the plaintiff to him, dated 8th May,…
1Opinion of the CourtJustice Strong
Though the exceptions found in this record are numerous, the questions which they present are few. If the answers given to the requests of the plaintiff for instructions to the jm-y were correct, it is certain that the objections made by him to the admission of evidence were unfounded. Those objections were all based upon the assumption that the evidence offered was immaterial and irrelevant to the issue. Whether the assumption was well grounded will be seen when we consider the law of the ease as expounded in the charge to the jury.
The plaintiff submitted twelve propositions, which he asked…
2Cited by46 opinions
- Moore v. CrawfordSupreme Court of the United States · 1889
- Sims v. EverhardtSupreme Court of the United States · 1880
- Williams v. SapiehaTexas Supreme Court · 1901
- New Jersey v. DelawareSupreme Court of the United States · 1934
- Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
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