Legal Opinion

Kirk v. Hamilton

Supreme Court of the United States

Decided May 10, 1880PublishedCited by 132 opinions

Error to' the Supreme Court of the District of Columbia. This was an action of ejectment, brought Dec. 21, 1872, by George E. Kirk against Charles O. Hamilton and Catherine Hamilton, to recover parts of lots 7 and 9 in square 437 in the city of Washington. The defendants pleaded not .guilty. A verdict was returned in their favor, and, a new trial having been refused, judgment was entered on the verdict. Kirk sued out this writ. Six bills of exceptions were taken by Kirk.

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Error to' the Supreme Court of the District of Columbia. This was an action of ejectment, brought Dec. 21, 1872, by George E. Kirk against Charles O. Hamilton and Catherine Hamilton, to recover parts of lots 7 and 9 in square 437 in the city of Washington. The defendants pleaded not .guilty. A verdict was returned in their favor, and, a new trial having been refused, judgment was entered on the verdict. Kirk sued out this writ. Six bills of exceptions were taken by Kirk. The nature and scope of the questions thereby raised will be understood from a statement of the principal facts appearing…

1Opinion of the Court

Mr. Justice Hablan,

after stating the. case, delivered the opinion of the court.

It appears from the first bill of- exceptions that, upon the trial of the cause, the plaintiff, to maintain the issue joined, gave evidence to the jury tending to prove title in himself to. the land in dispute, as well as his actual possession of the premises under that title; that he had fully discharged the indebtedness secured by the two deeds of trust éxecuted, one to Lenox and Naylor, and the other to Clarke and Smith; that Charles Stott, on the 14th of May,1872, reconveyed to him all that portion of. the…

2Cases cited1 opinion

  1. Dickerson v. ColgroveSupreme Court of the United States · 1880

3Cited by132 opinions

  1. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  2. United States v. Georgia-Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970
  3. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  4. Wehrman v. ConklinSupreme Court of the United States · 1894
  5. Boddie v. BondSupreme Court of North Carolina · 1911

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