Ross v. Barker

Dissenting.—This cause was held under advisement, and a majority of the court have agreed to affirm the opinion of the judge below. As, on mature reflection, I cannot concur in so doing, I shall proceed to state some of my reasons. I pass over what was intended as an eloquent preamble, nor shall I notice the respectful manner in which the present supreme court are treated. I also think it immaterial what was, or would have been, the construction of the act of 1792, taken alone; for I am one of those who believe'that if a vacating warrant was necessary for a settler before he went on, (which…