The plaintiffs entry of land in Ohio was made in the name of a
person who was dead at the time of the entry. This entry is a
nullity in the State of Ohio.
The case of Galt v.
4 Pet. 332, cited and confirmed.
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the
This suit was brought in the Court of the United States for the
Seventh Circuit and District of Ohio to obtain a conveyance for
land which the defendants hold by a senior patent, and which the
plaintiffs claim under a prior entry. The bill was dismissed by the
circuit court, and the plaintiffs have appealed to this Court.
Serious doubts exist respecting the validity of the entry under
which the claim has been made, and several points have been
discussed at the bar. It is unnecessary to decide more than one of
these questions, because that is decisive of the case. David
Anderson, in whose name the entry under which the plaintiffs claim
was made, was dead at the time. The entry therefore as was
determined in Galt v.
4 Pet. 332, 29 U. S. 345
is, in the State of Ohio, a nullity. This being the foundation of
the plaintiffs' title, they must fail in their action.
Counsel at the bar have endeavored to distinguish this case from
that, by treating the entry as one made in the name of the wrong
person, through the mistake of the surveyor.
We do not think he is sustained by the fact or the law of the
case. The decree is
Affirmed with costs.