Legal Opinion

Orton v. Smith

Supreme Court of the United States

Decided February 28, 1856PublishedCited by 91 opinions

This was an appeal from the district court of the United States, for the district of Wisconsin. The facts are stated in the opinion of the court. The points made by the counsel were so interwoven with the facts, that they cannot be presented abstractedly.

1Opinion of the CourtJustice Grier

delivered the opinion of the court. •

The bill, in this case, is in the nature of a “ bill of péace,” as authorized by the statutes of Wisconsin. Smith, the claimant below, claimed to be owner of certain lands, to which Orton claimed also to have some title. The bill prays an injunction against Orton, to prohibit him from setting up his claim, and thereby “ casting a cloud ” over the good legal title of complainant.

The facts of the ease are somewhat complex,'and its merits will be better apprehended by a succinct history of them, as elicited from the pleadings' and evidence.

Hubbard had settled…

2Cases cited1 opinion

  1. Peck v. JennessSupreme Court of the United States · 1849

3Cited by91 opinions

  1. Toucey v. New York Life InsuranceSupreme Court of the United States · 1941
  2. Holland v. ChallenSupreme Court of the United States · 1884
  3. Hart v. SansomSupreme Court of the United States · 1884
  4. Frost v. SpitleySupreme Court of the United States · 1887
  5. Phelps v. HarrisSupreme Court of the United States · 1880

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