Legal Opinion

Walden v. The Heirs of Gratz

Supreme Court of the United States

Decided March 18, 1816PublishedCited by 25 opinions

ERROR to the circuit court for the district of Kentucky. This was an action of ejectment in which the defendants in error were the lessors of the plaintiff in the court below. The declaration in ejectment was returned to the Noveinber term of that court, 1813. At the May term, 1814, the suit was abated as to one defendant; judgment by default was entered against Joseph Day, another defendant'; arid the defendants were admitted to defend instead of the casual ejector.

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ERROR to the circuit court for the district of Kentucky. This was an action of ejectment in which the defendants in error were the lessors of the plaintiff in the court below. The declaration in ejectment was returned to the Noveinber term of that court, 1813. At the May term, 1814, the suit was abated as to one defendant; judgment by default was entered against Joseph Day, another defendant'; arid the defendants were admitted to defend instead of the casual ejector. The lessors of the plaintiff claimed under a patent issued to John Craig, in November, 1784. On the 20th of April, 1791, John…

1Opinion of the Court

Marshall, Ch. J.,

delivered the opinion of the court, and, after stating the facts, proceeded as follows :

The act of assembly, on which the opinion of the court below, on the' first question, was given, is entitled, “ An act concerning champerty and maintesaneé.” It enacts. “ that no person purchasing, or procuring an interest in any legal or equitable claim to land held, &c., shall be precluded from prosecuting or defending said claim, under such purchase or contract; neither shall any suit, or suits, brought to establish such purchase, or make good the title to such claim, be considered as…

2Cited by25 opinions

  1. Bauserman v. BluntSupreme Court of the United States · 1893
  2. McDonald v. HoveySupreme Court of the United States · 1884
  3. Davis v. CoblensSupreme Court of the United States · 1899
  4. McAuliff v. ParkerWashington Supreme Court · 1894
  5. Harris v. McGovernSupreme Court of the United States · 1879

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