Jackson v. United States
United States Court of Claims
The Reporter’s statement- of tbe case: Tbe following are tbe allegations in extenso óf tbe claimants’ petition to wbicb tbe defendants demurred: Tbe claimants, Henson Jackson and Sarah B. Jackson, bis wife, and.
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The Reporter’s statement- of tbe case: Tbe following are tbe allegations in extenso óf tbe claimants’ petition to wbicb tbe defendants demurred: Tbe claimants, Henson Jackson and Sarah B. Jackson, bis wife, and. Irving Tinney, an infant suing by bis nncle and next friend, Henson Jackson, respectfully represent: On or about tbe 11th day of October, in tbe year 1881, one Thomas Fisher and Ann Fisher, bis wife, being indebted to one Francis Sbanabrook in tbe sum of $535, and desirous of securing tbe payment of tbe same, conveyed to said Shanabrook, by deed of mortgage, to secure payment of tbe…
1Opinion of the Court
[Richardson, Ch. J.,
delivered the opinion of the court.
The defendants have filed a general demurrer to the petition above set out in full, and we must look to the latter for all the facts in the case.
It is not easy to determine whether the suit is in law or in equity. If it be an action at law, then it is founded on an implied promise springing from that profusion of the Constitution which declares that “private property shall not be taken for public use without just compensation.” Of such an action the court now has jurisdiction on the voluntary petition of the claimant, under the act of…
2Cases cited2 opinions
- Langford v. United StatesSupreme Court of the United States · 1880
- Gibbons v. United StatesSupreme Court of the United States · 1871
3Cited by8 opinions
- United States Ex Rel. Mutual Metal Mfg. Co. v. BiggsDistrict Court, E.D. Illinois · 1942
- Miller v. United StatesUnited States Court of Federal Claims · 2005
- Drummond v. United StatesDistrict Court, E.D. Virginia · 1948
- Leather v. United StatesUnited States Court of Claims · 1925
- Finley v. United StatesSupreme Court of the United States · 1989
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