Maxwell v. Kennedy
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States for the Southern District of Alabama. The bill was filed in the court below by Maxwell, the appellant, against the above-named defendants, as the heirs of William E. Kennedy. Joseph and Martha Kennedy were his children, and Jesse Carter and Daniel E. Hall had married his daughters.
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This was an appeal from the Circuit Court of the United States for the Southern District of Alabama. The bill was filed in the court below by Maxwell, the appellant, against the above-named defendants, as the heirs of William E. Kennedy. Joseph and Martha Kennedy were his children, and Jesse Carter and Daniel E. Hall had married his daughters. As the sole question whjch came up to this court was the correctness of a judgment of the Circuit Court in sustaining a demurrer to the bill, it is only necessary to state the substance of it. The bill averred, that on the 10th of November, 1797, Robert…
1Opinion of the CourtChief Justice Taney
The facts stated in the bill are admitted by the demurrer, arid' the only question is whether the complainant is entitled to relief in a court of equity, when so many years have elapsed, since the judgment was obtained against the father of the defendants.
The judgment was rendered- in South Carolina on the 10th of November, 1797, and this bill was filed against the appellees in Alabama on the 22d.of February, 1844. A period of more than forty-six years had therefore elapsed, during which neither- the plaintiff who obtained the judgment, nor his administrator, nor the present complainant, who…
2Cases cited3 opinions
- Piatt v. VattierSupreme Court of the United States · 1835
- McKnight v. TaylorSupreme Court of the United States · 1843
- Bowman v. WathenSupreme Court of the United States · 1843
3Cited by41 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Landsdale v. SmithSupreme Court of the United States · 1882
- Hayes v. Port of SeattleSupreme Court of the United States · 1920
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- Kane v. Union of Soviet Socialist RepublicsCourt of Appeals for the Third Circuit · 1951
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