Smith v. Maryland Ex Rel. Caroll & MacCubbin
Supreme Court of the United States
• ' -ERROR to-tHe court of appeals of the state of Marylarid, being the highest court of law and equity in that stdte } and which affirmed the decbeé of the .chancellor of Maryland.
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• ' -ERROR to-tHe court of appeals of the state of Marylarid, being the highest court of law and equity in that stdte } and which affirmed the decbeé of the .chancellor of Maryland. The facts of the case appear to be éoiréctly stated in: the decree of the chancellor, which was as follows: “• The-material facts appearing in this case are, that 0« the 4th'of July, 1774, the lands mentioned in the hill were, conveyed by Anrie Ottey, heir at laxo of Williams Ottey, tó Williám Smith, one of the defendants^- and-that art act of assembly, passed in June, 1779, fofrec'ording the deed of conveyance…
1Opinion of the Court
Washington, J. *
delivered the opinion of the court, as follows:
This cause comes before the court upon a writ of error to the court of appeals of the' state of Maryland», and the first question is, has the supreme court of the United States appellate jurisdiction in a case like the present ? It is contended, by the defendants in error, that the question involved in the cause turns exclusively, upon the construction of the confiscation laws of the state of Maryland, passed prior to the treaty of peace, and that no question, relative to the construction of that treaty, did or could occur. That…
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