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Edmondson v. Bloomshire U.S. 382 (1871)

handle is hein.slavery/ussccases0371 and id is 1 raw text is: EDMONDSON v. BLOOMSEIRE.

Statement of the case.
convicted thereon, but shall have judgment of respondeat
ouster, and may plead over to the felony the general issue,
not guilty.* And this is the effecf of the judgment of re-
versal rendered by the Supreme Court of Tennessee in this
case; so that in no sense can that judgment be deemed a
final one. The case must go back and be tried upon its
merits, and final judgment must be rendered before this
court can take jurisdiction.     If after that it should be
brought here for review, we can then examine the defend-
ant's plea and decide upon its sufficiency.
WRIT OF ERROR DISMISSED.
EDMONDSON V. BLOOMSHIRE.
A clause in the will of a woman who died in 1803- My certificates that are
in the hands of my brother Ben, I desire may be given to my husband, to dis-
pose of as he may think proper -held not to include warrants for a large
amount of bounty lands, though the words certificates and warrants, of
the sort in question, were sometimes used synonymously; the same
brother having had in his bands at the time of the making of the will
some other instruments more properly called certificates; the testator
having devised all the lands she possessed to her husband 4 during his
life; a settlement of her estate on the basis that the warrants did not
pass as certificates, having been long acquiesced in by the party now
complainant, and evidence of the most satisfactry character having
been introduced by the respondents, showing that the land warrant was
never in the hands of the brother prior to the date of the will, or at
any other time.
APPEAL from the Circuit Court for the Southern District
of Ohio, in which court John Edmondson and Littleton
Waddell in right of his wife Elizabeth, sister of the said
John, filed a bill against Adam Bloomshire and others, to
compel a conveyance of certain lands in Ohio, alleged to be
in the possession of the defendants. The court below dis-
missed the bill, and the complainants appealed.
* 4 Blackstone's Commentaries, 888.

[Sup. Ct.

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