Legal Opinion

Harris v. Elliott

Supreme Court of the United States

Decided January 15, 1836PublishedCited by 3 opinions

ON a certificate of division between the judges of the circuit court of the United States for the district of Massachusetts.

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ON a certificate of division between the judges of the circuit court of the United States for the district of Massachusetts. This was an action of trespass quare clausum fregit, instituted in the circuit court of the United States at October term 1833, against the defendant, Jesse D Elliott, the commandant of the United States navy .yard at Charlestown, Massachusetts; in. order to determine the title claimed by the plaintiffs as heirs of John Harris, formerly of Charlestown, Massachusetts. The United States, the real possessors, and asserting an ownership of the property, took defence in the…

1Opinion of the CourtJustice Thompson

This is an action of trespass, and the declaration contains two counts. In the first count the locus in quo is described as a certain close situated in the town of Charlestown, measuring four-hundred feet in length and'forty feet in width, formerly called Henley street: and in the second count, the locus in quo is described as a close in the same town, measuring seven hundred and fifty feet in length and forty feet in width, formerly called Battery or Water street. And upon the trial of the cause, the following questions occurred, upon which the opinions of the judges were opposed, and the…

2Cases cited3 opinions

  1. Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
  2. Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
  3. Fairfield v. WilliamsMassachusetts Supreme Judicial Court · 1808

3Cited by3 opinions

  1. Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
  2. Sears v. Catholic Archdiocese of WashingtonDistrict of Columbia Court of Appeals · 2010
  3. Panetta v. Equity One, Inc.Supreme Court of New Jersey · 2007

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