Legal Opinion

Murray's Lessee v. Baker

Supreme Court of the United States

Decided March 9, 1818PublishedCited by 1 opinion

This was an action of ejectment brought by the plaintiff in error in the circuit court for the district of Georgia*, to recover the possession of certain lands ly- ■ ing in that state. At the tripl, a special verdict was found, as follows: “ We find that the lessors of the plaintiff have not been . in the state of Georgia since the defendants, or their ancestors, came, into possession of the premises sued for.

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This was an action of ejectment brought by the plaintiff in error in the circuit court for the district of Georgia*, to recover the possession of certain lands ly- ■ ing in that state. At the tripl, a special verdict was found, as follows: “ We find that the lessors of the plaintiff have not been . in the state of Georgia since the defendants, or their ancestors, came, into possession of the premises sued for. We further find, that the ancestor of the defendants possessed the land from about the year 1791 •until his death, which happened about'February last, and that the defendant, his…

1Opinion of the CourtJustice Johnson

This is an action of.ejectment-.. The defence set up is the act of limitations of the state of Georgia. The only question which the. case presents is, whether the plaintiff, who resided in Virginia, comes within the exception in the act in favour of persons “beyond seas.”

Qn this question, the court aTe-unanimously of opinion, that to give a sensible construction to that act,, the words, “beyond, seas” must be held to- he equivalent to “without the limits of the state,” and order this opinion to be- certified to the circuit court of the district of ■ Georgia.

Certificate for the plaintiff..

2Cited by1 opinion

  1. Murray's Lessee v. BakerSupreme Court of the United States · 1818

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