Kinney v. Clark
Supreme Court of the United States
This case was brought up by appeal from the Circuit Court of the United States for the district of Kentucky, sitting as a court of equify, .and arose upon the following state of facts On the 19th December, ;1778,- the General Assembly of Virginia passed a joint resolution, declaring that a certain tract of country, to be bounded by the Green river and a south-east course from the head thereof to the Cumberland mountains, with the said mountains to the Carolina line, with the…
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This case was brought up by appeal from the Circuit Court of the United States for the district of Kentucky, sitting as a court of equify, .and arose upon the following state of facts On the 19th December, ;1778,- the General Assembly of Virginia passed a joint resolution, declaring that a certain tract of country, to be bounded by the Green river and a south-east course from the head thereof to the Cumberland mountains, with the said mountains to the Carolina line, with the Carolina line to the Cherokee or Tennessee river, with the said river to the Ohio, and with the Ohio to Green river,…
1Opinion of the CourtJustice Catron
For the principal facts, we refer to the statement of the reporter.
The first question in order presented by the bill depends on the validity of the complainant’s title. But as that of the defendants is the elder, and Clark’s entries not objected to on the ground that they are void for want of specialty; and the survey and patent founded, on them being in conformity to the locations, we will at once proceed to the .main question presented by the bill; that is, whether Clark’s entries were made in the Cherokee coüntry or limits, and therefore void for this reason as against Porterfield’s…
2Cases cited3 opinions
- Green v. Lessee of NealSupreme Court of the United States · 1832
- Poole v. Lessee of FleegerSupreme Court of the United States · 1837
- Commonwealth v. McAteeCourt of Appeals of Kentucky · 1839
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- In re John's WillOregon Supreme Court · 1896
- St. James Orphan Asylum v. ShelbyNebraska Supreme Court · 1900
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
- Dolph v. BarneyOregon Supreme Court · 1874
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