Porter v. Bushrod
65 U.S. 415 (1860)

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U.S. Supreme Court

Porter v. Bushrod, 65 U.S. 24 How. 415 415 (1860)

Porter v. Bushrod

65 U.S. (24 How.) 415

Syllabus

Where an act of assembly of the state of Kentucky was objected to in the state court because said act and supplement were unconstitutional and void, the court properly considered the question as relating to the power of the legislature to pass the act under the constitution of the state, and not under the Constitution of the United States.

There is therefore no ground for the exercise of jurisdiction by this Court under the 25th section of the Judiciary act.

A motion was made by Mr. Mooar to dismiss it for want of jurisdiction, under the following circumstances:

Porter and others, the plaintiffs in error, filed a petition in the state court to recover the title and possession of a lot of land in the Town of Covington. They claimed under a grant

Page 65 U. S. 416

from the Commonwealth of Virginia in 1787 to James Welsh, and a series of mesne conveyances to themselves.

The defendants below claimed under the same original title, and also under two acts of the Legislature of Kentucky passed on November 10 and November 26, 1823, by which William Porter was authorized to sell and convey certain parcels of ground which had been conveyed to his children. The plaintiffs objected to the admission of these acts as being unconstitutional and void. The court below, however, and the court of appeals sustained them.

Page 65 U. S. 420

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