[DOWNLOAD] "Pollard and Pickett v. Dwight Et Al." by United States Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Pollard and Pickett v. Dwight Et Al.
• Author : United States Supreme Court
• Release Date : January 01, 1808
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

ERROR to the circuit court for the district of Connecticut. Dwight and others brought a foreign attachment against Pollard and Pickett, in the county court of Hartford, and declared in an action of covenant upon a deed of bargain and sale, in fee-simple, of certain lands in the county of Wythe, and commonwealth of Virginia, by which the defendants below covenanted that they were 'lawfully seised of the lands and premises, with their appurtenances, and had good right and lawful authority to sell and convey the same, in manner and form aforesaid;' and the breach assigned was, 'that they were not, nor were any or either of them lawfully seised and possessed of any estate whatever in the said land and premises, nor in any part thereof, nor had the said Pollard and Pickett, or either of them, good right and lawful authority to sell and convey the said land and premises as aforesaid.' The defendants appeared, and removed the cause to the circuit court of the United States for the district of Connecticut, and there pleaded to the jurisdiction of the court, and prayed 'judgment whether the honourable Pierpont Edwards, district judge of the district of Connecticut holding said court, there being no justice of the supreme court of the United States present in court, will have cognizance of the said cause, because they say that, by the law of the United States, the circuit court of the second circuit in the district of Connecticut, shall consist of the justice of the supreme court residing in the third circuit, and the district judge of the district of Connecticut; and that when the said law was enacted, viz. on the 3d of March, 1803, the honourable William Paterson was the only justice of the supreme court residing in the said third circuit, and that he died on or about the 10th of September last past, and that there is not now, nor hath there been, since the death of the said Paterson, any justice of the supreme court residing in the said third circuit; and there hath not been by the supreme court of the United States, cr by the president of the United States, any allotment of a chief justice or an associate justice of the supreme court of the United States to the said second circuit, and this they are ready to verify,' &c. which plea, upon general demurrer, was overruled, and a respondeas ouster awarded, whereupon the defendants pleaded that they were, at the date of the deed, 'well seised and possessed of the said land, and had good right to bargain and sell the same, in manner as is alleged in the said deed, and so they have kept and performed their said covenants, and of this put themselves on the country,'–'and the plaintiffs likewise.' The verdict was for the plaintiffs, and damages assessed to 27,497 dollars. The defendants moved in arrest of judgment, because it appears, by the declaration, that the said deed was executed, and the lands lie in the state of Virginia; and because the declaration is insufficient, and will not support any judgment; but the motion was overruled, and judgment rendered on the verdict.

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