United States Supreme Court Cases & Opinions

U.S. Supreme Court

Webster v. Cooper, 51 U.S. 10 How. 54 54 (1850)

Webster v. Cooper

51 U.S. (10 How.) 54

Syllabus

Where it appears that the whole case has been certified pro forma, in order to take the opinion of this Court, without any actual division of opinion in the circuit court, the practice is irregular, and the case must be remanded to the circuit court to be proceeded in according to law.

The decision of this Court in the case of Nesmith v. Sheldon, 6 How. 41, affirmed.

It was a real action, in which the plaintiff demanded a certain parcel of land situated in Pittston, in the County of Kennebec and State of Maine, and claimed title under the will of one Florentius Vassal, made in England in 1777.

Most of the points of division certified arose upon the construction of this will, and the remainder were upon the right of the plaintiff to maintain the action, and the rule of estimation as to improvements, covering in fact the whole case.