Legal Opinion

Hawkins v. Barney's Lessee

Supreme Court of the United States

Decided February 17, 1831PublishedCited by 89 opinions

Error to the Circuit Court of Kentucky. In the circuit court, the lessee of Joshua Barney brought an ejectment for 50,000 acres of land, in the state of Kentucky, which he claimed under a patent from the commonwealth of Virginia to Philip Barbour, dated the 27th December 1785, and a deed from Barbour to him, dated the 7th of August 1786. The defendants, William May and John Hawkins, derived their title under a junior grant to William May, for 4000 acres of land; and they…

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Error to the Circuit Court of Kentucky. In the circuit court, the lessee of Joshua Barney brought an ejectment for 50,000 acres of land, in the state of Kentucky, which he claimed under a patent from the commonwealth of Virginia to Philip Barbour, dated the 27th December 1785, and a deed from Barbour to him, dated the 7th of August 1786. The defendants, William May and John Hawkins, derived their title under a junior grant to William May, for 4000 acres of land; and they proved, on the trial in the circuit court, that John Creemer, who had conveyed part of the land included in the grant to…

1Opinion of the Court

Johnson, Justice,

delivered the opinion of the court. — This is a writ of error to a judgment of the circuit court of Kentucky, brought to reverse the decision of that court, on a bill of exceptions. The suit was ejectment, by Barney, brought to recover a part of a tract of 50,000 acres of land, in possession of Hawkins, within the limits of his patent. Both parties claimed under Virginia patents, of which Barney’s was the eldest. The plaintiff below proved a grant to Barbour, and a conveyance from the patentee to himself. The defendant below proved a grant to one May, a conveyance from May to…

2Cited by89 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  5. United States v. LockeSupreme Court of the United States · 1985

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