Old Grant v. M'Kee Ex Rel. Bank of the Commonwealth of Kentucky
Supreme Court of the United States
MR. WICKLIFFE moved ,to dismiss this-cause, which was brought by a writ of error from the Circuit Court of the district of Kentucky; on the ground, that the property in controversy was not of the value of two thousand dollars; although the whole property owned by the lessor of the plaintiff in errror, was under -a patent, and which was recovered in the ejectment, is one thousand acres; yet, the title' tó a lot in the. town of Fal-mouth, of less value than five hundred…
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MR. WICKLIFFE moved ,to dismiss this-cause, which was brought by a writ of error from the Circuit Court of the district of Kentucky; on the ground, that the property in controversy was not of the value of two thousand dollars; although the whole property owned by the lessor of the plaintiff in errror, was under -a patent, and which was recovered in the ejectment, is one thousand acres; yet, the title' tó a lot in the. town of Fal-mouth, of less value than five hundred dollars, held under the patent, is only involved in this case, and can only be affected by the decision of this Court.
1Opinion of the Court
Mr; Chief Justice Marshall
delivered the opinion of the' Court.-—
■ This is a writ of error to a judgment of the Court of the United States, for the Seventh Circuit, and the district.of Kentucky, awarding restitution of lot No.' 108, in the town of Fal-mouth, to the defendants in error'; who had been turned out of possession, by virtue of a writ of habere facieis possessionem, issued on a judgment in ejectment, in favour of the plaintiff in error.
Previous to the institution of the suit, the town of Falmouth had been laid out, in pursuance of an Act of Assembly, and lot No. 108 had been sold and…
2Cited by16 opinions
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- Elgin v. MarshallSupreme Court of the United States · 1883
- New England Mortgage Security Co. v. GaySupreme Court of the United States · 1892
- Strange v. Arkansas-Oklahoma Gas Corp.District Court, W.D. Arkansas · 1981
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