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Jackson Vs. Chew
Cites for this judgment
- US Supreme Court
- Jan 01, 1827
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U.S. 153 (1827) U.S. Supreme Court Jackson v. ChewSearch
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U.S. 12 Wheat. 153 153 (1827) Jackson v. ChewSearch
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there decided, to see how the law on this question is held to have been settled in that state. In the case of Anderson v. JacksonSearch
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engrafted in the law of that state as a rule of landed property. The first case that arose was that of Fosdick v. CornellSearch
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that this clause did not create an estate tail, but was to take effect as an executory devise. In the case of Anderson v. JacksonSearch
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And it was not pretended by the dissenting members of the Court of Errors, but that if the case of Fosdick v. CornellSearch
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but that he had discovered years ago that the case of Fosdick v. CornellSearch
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years that it has ripened into a settled rule of law. And a reference to the cases which followed that of Fosdick v. CornellSearch
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upon the law of real property in that state as to make it unwise and unsafe to disturb it. In the case of Jackson v. BlanshawSearch
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way of executory devise, and Chief Justice Kent, in delivering the opinion of the court, refers to the case of Fosdick v. CornellSearch
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over to take effect on failure of male issue during the life of the first taker. That the ancient case of Hanbury v. CockrillSearch
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without issue of their bodies, then his share should go to the survivor. That Lord Kenyon, in the two cases of Porter v. BradlySearch
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and Roe v. JefferySearch
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from those in which this rule of law is settled beyond controversy. Again, in the case of Executors of Moffat v. StrongSearch
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bench upon the question, according to the reported cases. The next case that came before the court was that of Jackson v. StaatsSearch
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operates as an executory devise, or to create an estate tail, admits of very little difficulty. The case of Fosdick v. CornellSearch
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on this point was considered settled, and not open to argument, until it was again stirred, in the case of Anderson v. JacksonSearch
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the year 1823, the construction of this same clause in Eden's will came before the supreme court in the case of Lion v. BurtisSearch
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Johns. 483, and Spencer, Ch.J., in delivering the opinion of the court, referred to the case of Anderson v. JacksonSearch
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a preliminary question was made whether the court would hear an argument on the point decided in the case of Anderson v. JacksonSearch
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at the same time observing that he should suppose counsel would not question any point plainly decided in Anderson v. JacksonSearch
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would abide by its decision in that case. In the course of the argument, when the bearing of the case of Anderson v. JacksonSearch
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to pronounce judgment, disclaimed in very strong language any intention to call in question the decision of Anderson v. JacksonSearch
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States would be productive of the greatest mischief and confusion. Page 25 U. S. 168 The case of McKeen v. Delancy'sSearch
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fitness in preserving uniformity of decisions in the one case as in the other. So also in the cases of Polk's Lessee v. WendalSearch
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Cranch 98, and Thatcher v. PowellSearch
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and can be ascertained, especially where the title to lands is in question. But in the case of Blight's Lessee v. RochesterSearch
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they were inapplicable, because the question did not involve the construction of a statute. And the case of Daly v. JamesSearch
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Page 25 U. S. 169 upon this point, to acquiesce in the decision of the supreme court of that state, Smith v. FolwellSearch
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U.S. Supreme Court Jackson v. ChewSearch
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of Anderson v. JacksonSearch
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of Fosdick v. CornellSearch
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of Jackson v. BlanshawSearch
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of Hanbury v. CockrillSearch
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of Porter v. BradlySearch
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of Executors of Moffat v. StrongSearch
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of Jackson v. StaatsSearch
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of Lion v. BurtisSearch
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Anderson v. JacksonSearch
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of McKeen v. Delancy'sSearch
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of Polk's Lessee v. WendalSearch
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and Thatcher v. PowellSearch
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of Blight's Lessee v. RochesterSearch
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of Daly v. JamesSearch
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Smith v. FolwellSearch
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