Den Ex Dem. Murray v. Hoboken Land & Improvement Co.
Supreme Court of the United States
These three cases came up from the circuit-court of the United ' States for the district of' New Jersey^ upon a certificate •of divisio.n in opinion between the judges thereof. As the opinion of the court answers ónly the third question, it may be proper to say that the first two. related to a. mortgage executed by Henry Ogden, as the attorney in fact of Swartwout,to Henry D. Gilpin, solicitor of the treasury.
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These three cases came up from the circuit-court of the United ' States for the district of' New Jersey^ upon a certificate •of divisio.n in opinion between the judges thereof. As the opinion of the court answers ónly the third question, it may be proper to say that the first two. related to a. mortgage executed by Henry Ogden, as the attorney in fact of Swartwout,to Henry D. Gilpin, solicitor of the treasury. It was necessary to the case of the plaintiffs to get rid of this Mortgage in the first instance, and afterwards to avoid the sale under the distress warrant. If they failed in the…
1Opinion of the Court
. Mr. Justice CURTIS
delivered the opinion of thé comí:.
This case comes before us on a certificate of division of bpinion of the judges of the circuit court of the United States for the district of New Jersey. It is an action of ejectment, in which both parties claim title under Samuel Swartwout — the plaintiffs, under the levy of an execution on the 10th day of April, 1839, and the defendants, under a sale made by the marshal of the' United States for the district of New Jersey, on the 1st day of June, 1839 — by virtue of what is denominated a distress warrant, issued by the solicitor of the…
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