Owings v. Norwood's Lessee
9 U.S. 344 (1809)

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U.S. Supreme Court

Owings v. Norwood's Lessee, 9 U.S. 5 Cranch 344 344 (1809)

Owings v. Norwood's Lessee

9 U.S. (5 Cranch) 344

ERROR TO THE COURT OF

APPEALS OF MARYLAND

Syllabus

In an action of ejectment between two citizens of Maryland for a tract of land in Maryland, if the defendant set up an outstanding title in a British subject which he contends is protected by the treaty, and therefore the title is of the plaintiff, and the highest state court in Maryland decides against the title thus set up, it is not a case in which a writ of error can lie to the Supreme Court of the United States.

It is not "a case arising. under a treaty." The Judiciary Act must be restrained by the Constitution of the United States.

Error to the Court of Appeals of Maryland, being the highest court of law and equity in that state, in an action of ejectment brought by the defendant against the plaintiff in error, both parties being citizens of Maryland, for a tract of land in Baltimore County called "The Discovery," being part of a tract of land called Brown's Adventure, originally patented for 1,000 acres to Thomas Brown in the year 1695, who conveyed to John Gardsby, who conveyed to Aaron Rawlins in 1703, who mortgaged in fee to Jonathan Scarth, a London merchant, by deed of bargain and sale in 1706, with a proviso to be void upon payment of

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