Daviess v. Fairbairn
Supreme Court of the United States
This .case was brought up by writ of error from.the Circuit Court of the United States for.the district of Kentucky. It'was-an ejectment brought, by the. heirs-of Mary E. Fairbairn, to recover a 'hajf-acre lot in the city of Louisville, designated on the old plan as number 22, and on the néw plan as number 31. There were many questions in the case,- but as the opinion of the court turned upon a single - point, it is not necessary to state any except that one.
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This .case was brought up by writ of error from.the Circuit Court of the United States for.the district of Kentucky. It'was-an ejectment brought, by the. heirs-of Mary E. Fairbairn, to recover a 'hajf-acre lot in the city of Louisville, designated on the old plan as number 22, and on the néw plan as number 31. There were many questions in the case,- but as the opinion of the court turned upon a single - point, it is not necessary to state any except that one. On the 12th of Marc i, 1811, Mary E. Fairbairn,' being the wife of Thomas H. Fairbairn, and .the owner of the lot in controversy*…
1Opinion of the CourtJustice McLEAN
This case is brought here by a writ of error to the Circuit Court for the district of Kentucky.
The lessors of the plaintiff brought an action of .ejectment, to recover a half-acre lot in the city of Louisville, numbered on the new plan of the city ninety-one. Richard Ferguson, Daviess, and others, were made defendants. The jury found the defendants guilty, and a judgment was entered against them. - On the trial, exceptions were taken to various rulings of the court, only one of which it is material to consider.
The court instructed the jury, “ that the deed of. conveyance, by Thomas H.…
2Cases cited5 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Pearson v. BakerCourt of Appeals of Kentucky · 1836
- M'Gowen v. HoyCourt of Appeals of Kentucky · 1824
- Taylor v. Shields' HeirsCourt of Appeals of Kentucky · 1824
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