Legal Opinion

Burnett v. Caldwell

Supreme Court of the United States

Decided April 18, 1870PublishedCited by 32 opinions

Error to the District Court for the Northern District of Georgia, the case being this: In 1850, one Rogers being in possession of certain premises for some years, sold them to persons from whom they passed to the Rome Female College. And this college executed a somewhat peculiar deed conveying them to Caldwell. Caldwell being thus in possession and claiming title, sold them in January, 1864, to a certain Yliet.

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Error to the District Court for the Northern District of Georgia, the case being this: In 1850, one Rogers being in possession of certain premises for some years, sold them to persons from whom they passed to the Rome Female College. And this college executed a somewhat peculiar deed conveying them to Caldwell. Caldwell being thus in possession and claiming title, sold them in January, 1864, to a certain Yliet. Vliet paid him $4000, and gave him two promissory notes, each for $7000, payable in the course of the year at dates fixed. Caldwell at the same time executed to Yliet a title bond in…

1Opinion of the CourtJustice Swayne

This is a writ of error to the District Court of the United States for the Northern District of Georgia. The suit was an action of ejectment, prosecuted by the defendant in error to recover possession of the premises described in his declaration. The view which we take of the case renders it unnecessary to consider several of the exceptions which are found in the record. The facts as they appear, and which are undisputed, are as follows:

Caldwell was in possession, claiming title. On the 26tb of January, 1864, he sold to Vliet, who paid him $4000, and executed to him two promissory notes, each…

2Cases cited5 opinions

  1. Blight's Lessee v. RochesterSupreme Court of the United States · 1822
  2. Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
  3. Mumford v. WhitneyNew York Supreme Court · 1836
  4. Whiteside v. JacksonNew York Supreme Court · 1828
  5. Wright v. MooreNew York Supreme Court · 1839

3Cited by32 opinions

  1. Barrell v. BrittonMassachusetts Supreme Judicial Court · 1925
  2. Harral v. LevertySupreme Court of Connecticut · 1882
  3. Forrester v. GranberrySupreme Court of Alabama · 1924
  4. Snyder v. BetschArizona Supreme Court · 1941
  5. Butler v. WoodburnCalifornia Supreme Court · 1942

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