Morgan's Heirs v. Morgan
Supreme Court of the United States
Appeal from the circuit court of Kentucky. This. was. a bill in equity, filed by the complainants in the court below, (who are the defendants here,) founded on a bond, conditioned for the conveyance of 5,000 acres of land; to be sitpated within certain fcpunds of the state of Ohio; for which land 9. conveyance was prayed, if tfie defendant was possessed of, or had the means of Acquiring, the title thereto, and, in the event of such inability on the part of the defendant to…
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Appeal from the circuit court of Kentucky. This. was. a bill in equity, filed by the complainants in the court below, (who are the defendants here,) founded on a bond, conditioned for the conveyance of 5,000 acres of land; to be sitpated within certain fcpunds of the state of Ohio; for which land 9. conveyance was prayed, if tfie defendant was possessed of, or had the means of Acquiring, the title thereto, and, in the event of such inability on the part of the defendant to comply specifically with his Stipulation, a compensation in damages in lieu therqof; and, ih this latter case, that a…
1Opinion of the CourtChief Justice Marshall
In this case two questions respecting the formal proceedings of the circuit couit have been made by the counsel for the appellant.
The first is, that one of the complainants in the original suit having settled in the state of Kentucky after this bill was filed, that court could no longer entertain jurisdiction of the cause, and ought to have dismissed the bill.
We are all of opinion that the jurisdiction having once vested, was not devested by the change of residence of either of the parties.
2d. It appearing from the will that at its date the iestator had a child who is not,a party in this…
2Cases cited2 opinions
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
- Milligan, Administrator of Milligan v. Milledge & Wife.Supreme Court of the United States · 1805
3Cited by102 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Shields v. BarrowSupreme Court of the United States · 1855
- Mas v. PerryCourt of Appeals for the Fifth Circuit · 1974
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Sadat v. MertesCourt of Appeals for the Seventh Circuit · 1980
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