Legal Opinion

Homer v. Brown

Supreme Court of the United States

Decided May 17, 1854PublishedCited by 39 opinions

(Me. Justice Curtis, having been of counsel, did not sit in the argument of this case.) This case came up by writ of error, from the Circuit Court of the United States for the Bistrict of Massachusetts. Brown, who was a citizen of Vermont, brought a writ of right to recover an undivided moiety of certain property in Boston.

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(Me. Justice Curtis, having been of counsel, did not sit in the argument of this case.) This case came up by writ of error, from the Circuit Court of the United States for the Bistrict of Massachusetts. Brown, who was a citizen of Vermont, brought a writ of right to recover an undivided moiety of certain property in Boston. He was one of the two sons of Samuel Brown, and the grandson of William Brown, the testator, the construction of whose will and codicil was the principal point in controversy. As to part of the demanded premises there was a joinder of the mise. As to another part of the…

1Opinion of the CourtJustice Wayne

This cause has been brought to this court from the Circuit Court of the United States for the District of Massachusetts, by a writ of error.

The action is a writ of right. The demandant declares that he has been deforced by the tenant, Fitz Henry Homer, of certain premises claimed by him as his right and inheritance, of which he was seised in fee within twenty years before the commencement of his suit, at the May term of the Circuit Court, A. D. 1851. A motion was made at a subsequent term to quash the writ, upon the ground that the remedy by a writ of right had been abolished by the Revised…

2Cases cited2 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806

3Cited by39 opinions

  1. Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
  2. Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
  3. Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
  4. Smith v. Floyd CountySupreme Court of Georgia · 1890
  5. United States v. ParkerSupreme Court of the United States · 1887

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