About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

John Doe, on the demise of Lot Clark, David Clarkson, Joseph D. Beers, Andrew Talcott, Brantz Mayer, and Harriet Hackley, Plaintiff in error, v. Joseph Addison Braden U.S. 635 (1854)

handle is hein.slavery/ussccases0223 and id is 1 raw text is: DECEMBER TER.M, 1853. 635 Doe et al. v. Braden. ing to practise champerty, in a form and to an extent not heretofore devised. If four could assign, and their claims be combined in one suit, by the assignee, so could as many hundreds. To sanc- tion the validity of an assignment to a non-resident of property adversely held, and let him sustain a suit for it, would throw open the United States courts to every matter of litigation where property was in dispute exceeding the value of five hundred dollars. I feel quite confident that the Constitution did not contem- plate this mode of acquiring jurisdiction to the courts of the Union, and am -of opinion, that the judgment of the Circuit Court sustaining the plea ought to be affirmed. Mr. Justice DANIEL. I also dissent from the opinion of the court in this case, and concur in the views so conclusively taken of it by my brother Catron. Order. This cause came on to be heard on the transcript of the re- cord, from the Circuit Court of the United States for the Dis- trict of Ohio, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged, by this court, that the judgment of the said Circuit Court, in this cause be, and the same is hereby reversed, with costs; and that this cause be, and the same is hereby remanded to the said Circuit Court for further proceedings to be had therein, in conformity to the opi- niont of this court. JOHN DOE, ON THE DEM ISE OF LOT CLARK, DAvID CLARKSON, JOSEPH D. BEERS, ANDREW TALCOTT, BRANTZ MAYER, AND HARRIET HACKLEY, PLAINTIFF IN ERROR, V. JOSEPH ADDISON BRADEN. In the ratification, by the King of Spain, of the treaty by which Florida was ceded to the United States, it was admitted that certain grants of land in Florida. amongst which was one to the Duke of Alagon, were annulled and declared void. A written declaration, annexed to a treaty at the time of its ratification, is as obliga- tory as if the provision had been inserted in the body of the treaty itself. Whether or not the King of Spain had power, according to the Constitution of Spain, to annul this grant, is a political and not a judicial question, and was -decided when the treaty was made and ratified.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most