Legal Opinion

Cooley v. O'Connor

Supreme Court of the United States

Decided November 27, 1871PublishedCited by 21 opinions

Error to the. Circuit Court for the District of South Carolina; in which court Mrs. O’Conhor brought suit against Cooley and-others, for trespass on a lot of ground which she alleged to be hers, and to try title to the same. The case was thus: On the 5th August, 1861, Congress .passed an act to pro- . vide increased revenue from imports to pay the interest on the public debt, &e., apportioning the taxes authorized among the several States.

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Error to the. Circuit Court for the District of South Carolina; in which court Mrs. O’Conhor brought suit against Cooley and-others, for trespass on a lot of ground which she alleged to be hers, and to try title to the same. The case was thus: On the 5th August, 1861, Congress .passed an act to pro- . vide increased revenue from imports to pay the interest on the public debt, &e., apportioning the taxes authorized among the several States. South Carolina being in insurrection at the time, and not paying her quota under the act, Congress on the 7th .of June, 1862, passed another act, which…

1Opinion of the CourtJustice Strong

When the certificate of sale was given in eviderce by the defendants below, the Circuit Court ruled it to be void, because it was signed by only two commissioners, and this decision of the court is now assigned for error.' It is obvious that the ruling was hurtful to the defendants. Had the certificate been admitted it would, by force of the statute, have amounted to primd facie evidence as well of the regularity and validity of the sale as of the title of the purchasers. It would, therefore, have .cast upon the plaintiff, the burden of showing affirmatively that the sale was irregular and…

2Cases cited2 opinions

  1. McCoy v. CurticeNew York Supreme Court · 1832
  2. Commonwealth ex rel. Hall v. Canal CommissionersSupreme Court of Pennsylvania · 1840

3Cited by21 opinions

  1. United States v. LeeSupreme Court of the United States · 1882
  2. De Treville v. SmallsSupreme Court of the United States · 1879
  3. People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
  4. Frischer & Co. v. Bakelite CorporationCourt of Customs and Patent Appeals · 1930
  5. Colombia v. Cauca Co.Supreme Court of the United States · 1903

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