Skillern's Executors v. May's Executors
Supreme Court of the United States
•THIS was a case certified from the circuit court for the district of Kentucky, the judges of that court being divided in opinion. ° The former decree of the court below had been reversed in this court, and the cause M remanded for further proceedings to be had therein, in order that an equal and just partition of the 2.,500 'acres of land, mentioned in the assignment of the 6th of March,-1785, be made between the legal representatives of the said George Skillern and the…
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•THIS was a case certified from the circuit court for the district of Kentucky, the judges of that court being divided in opinion. ° The former decree of the court below had been reversed in this court, and the cause M remanded for further proceedings to be had therein, in order that an equal and just partition of the 2.,500 'acres of land, mentioned in the assignment of the 6th of March,-1785, be made between the legal representatives of the said George Skillern and the said John May.5’’ (Vide ante, vol. 4. p. 141.) The cause being before the court below upon the mandate, the question…
1Opinion of the Court
This court, after consideration, directed the following opinion to be certified to the court below, viz.
“ ^ aPPearS that the merits of this canse had been finally decided in this court, and that its mandate required only the execution of its decree, it is the opinion of this court that the circuit court is bound to carry that decree into execution, although the. jurisdiction of that court be not alleged i'n the pleadings.”
2Cited by77 opinions
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- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Dowell v. ApplegateSupreme Court of the United States · 1894
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