Trustees of Jefferson Seminary v. Wagnon

Judge Mills

delivered the opinion of the court.

In this cause an issue of fact has been tried, on the question of title, which issue was left to this court, and the decision eventuated in favor of the plaintiffs in error, as will be seen by the opinion of the court in 1 Marshall, 243.

The fact being ascertained that the title belongs to the plaintiffs in error, on which the ferry in question is established, the question of law arises, was the county court authorised to establish this ferry, in the name of the defendant, across the Ohio, when he did not own the land on the Kentucky shore? This…