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Lessee of Pollard's Heirs Vs. Kibbe
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- US Supreme Court
- Jan 01, 1840
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U.S. 353 (1840) U.S. Supreme Court Lessee of Pollard's Heirs v. KibbeSearch
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U.S. 14 Pet. 353 353 (1840) Lessee of Pollard's Heirs v. KibbeSearch
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J. v. MoralesSearch
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claim, being founded upon such act, distinguishes it from the doctrine of this Court in the cases of Foster and Elam v. NeilsonSearch
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Pet. 253, and Garcia v. LeeSearch
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been recognized by this Court as existing claims, and not treated as being absolutely void. In the case of Delacroix v. ChamberlainSearch
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This complaint was made soon after the decision of the case of Foster and Elam v. NeilsonSearch
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U. S. 12 Wheat. 600, and in the first sentence of their opinion in Garcia v. LeeSearch
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bearing of which on the eighth article will be seen to have a most conclusive effect when the case of Foster and Elam v. NeilsonSearch
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the territory between the Perdido and the Mississippi. 3. That every principle of the case of Foster and Elam v. NeilsonSearch
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case, which stand affirmed in all subsequent cases, give full validity to such grants. 5. That the case of Poole v. FleegerSearch
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with a uniform course of adjudication before and after, may be deemed worthy of reconsideration. 1. In Soulard v. UnitedSearch
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U. S. 4 Pet. 512. In alluding to this stipulation, the Court said in Delassus v. UnitedSearch
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U. S. 9 Pet. 236. In United States v. SmithSearch
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and that the United States has put itself in the place of Spain. 35 U. S. 10 Pet. 335. In New Orleans v. UnitedSearch
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in relation to the territory east of the Perdido, including East Florida. The first was American Insurance Company v. CanterSearch
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at the next term, and this treaty declared not to be the law of the land. Next came the case of Foster and Elam v. NeilsonSearch
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of the eighth article would apply by the opinion of the Court. The second point was decided in United States v. ArredondoSearch
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Id., 31 U. S. 741 -742. The same principles were adopted in United States v. PerchemanSearch
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construction of its words, and the Court also declares that this construction would have been given in Foster v. ElamSearch
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they overruled the construction given in Foster and Elam v. NeilsonSearch
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U. S. 12 Pet. 747. In United States v. KingsleySearch
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and effect of the cession and the construction of the treaty which were expressed by the Court in Foster and Elam v. NeilsonSearch
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and is decisive of the two first points. Their opinion in the case of United States v. ClarkeSearch
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U. S. 8 Pet. 464. The same principle is recognized and declared in United States v. MitchellSearch
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Pet. 735, and Strother v. LucasSearch
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while those governments occupied the territory in dispute between them (Georgia and the United States). Harcourt v. GaillardSearch
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the Court decided this case on the same principles as were adopted in Poole v. FleegerSearch
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Henderson v. PoindexterSearch
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U. S. 12 Wheat. 534-535, 25 U. S. 544 . This state of facts in Harcourt v. GaillardSearch
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and Henderson v. PoindexterSearch
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of the treaty of 1819 and the laws of nations applicable thereto, the principles laid down by the Court in Harcourt v. GaillordSearch
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United States and proclaimed as binding on them by its constitutional effect. At the same term in which Harcourt v. GaillardSearch
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were decided, the case of Delacroix v. ChamberlainSearch
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that the plaintiff would have recovered, as his case came within every principle of the preceding cases of Harcourt v. GaillardSearch
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If these opinions of this Court require additional support to entitle them to respect, it will be found in Keene v. McDonoughSearch
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not valid against the party whose original right is acknowledged. S.P. 36 U. S. 11 Pet. 209-210. Delacroix v. ChamberlainSearch
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any of its members which even questions any one principle of the law of nations as laid down in the cases of Harcourt v. GaillardSearch
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Insurance Company v. CanterSearch
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United States v. SoulardSearch
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Arredondo, Percheman, Delassus, Mitchell, Strother v. LucasSearch
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and Rhode Island v. MassachusettsSearch
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U. S. 12 Pet. 748-749. If the reference to Poole v. FleegerSearch
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nations to which the above named cases refer, it must have arisen from relying in two passages of the opinion in Poole v. FleegerSearch
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