Smith v. Harris
Indiana Supreme Court
ERROR to the Marion Circuit Court. The only question submitted for the consideration of the Court in this case, was, Whether the title to real estate came in question? If it did, the parties admitted that, under the statute of 1831, the magistrate had no jurisdiction of the cause, and that the judgment below should be reversed..
1Opinion of the CourtBlackford, J.
Harris brought an action of assumpsit against Smith and Dean, before.a justice of the peace. The account filed as the cause of action is as follows: — “John Smith and Philip'Dean to Mark Harris, Dr. To the use and occupation of twenty acres of land, part of the south-east quarter of sec. 22, township 14 north, of range 3 east, being part of the land leased heretofore'by Robert Hunt to Samuel Smith, and lying in Marion county; which twenty acres were tended and improved and cultivated by said Smith and Dean, — $50.00. November, 1832.” ' .
The defendant, Smith, appeared and pleaded two pleás.…
Also in this document: Per curiam.
2Cited by3 opinions
- Wolcott v. WigtonIndiana Supreme Court · 1855
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854