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eBook details

• Title: Rector v. Ashley
• Author : United States Supreme Court
• Release Date : January 01, 1867
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Messrs. Martin, Rose, and Wal ins, for Ashley's heirs, the defendants in error, contended–– 1. That this court could not entertain the case under the 25th section, and that it ought in fact be dismissed for want of jurisdiction, since it was plain that the question of title under the statute of limitations was passed on by the court below, whose opinion the statutes of Arkansas required to be filed among the papers of the case, and which was so made, the counsel argued, part of the record; and was in fact, also, presented sufficiently even by the record proper, in which reliance was had on continuous 'actual and constructive possession;' and that this court, therefore, was not competent under the section named to review a decision on the State statute, which decision was to be taken as certainly correct. 2. As regarded the claim of Rector, that on the facts of the case, it appeared that the land had been appropriated to Ashley on the 8th June, 1838, before any pretence of title appeared in Roctor; which at earliest was 16th of the same month. Among other cases, Lessieur v. Price in this court2 was in point. There the court held that a return of the survey to the office of the recorder was necessary to make an appropriation, and to give the title.

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