Keene v. Clark,
35 U.S. 291 (1836)

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U.S. Supreme Court

Keene v. Clark, 35 U.S. 10 Pet. 291 291 (1836)

Keene v. Clark

35 U.S. (10 Pet.) 291


A writ of error was prosecuted to the Supreme Court of Louisiana, under the twenty-fifth section of the Judiciary Act of 1787 to revise the judgment of that court. The cause was dismissed, as it did not appear that any question was presented in the court below within the purview of the act, the case having been decided upon a collateral matter, independent of and wholly aside from any such question.

This case was submitted to the Court on the record by Mr. Brent for the plaintiff in error.

Afterward, Coxe, for the defendant, gave to the Court the following statement in support of a motion to dismiss the suit for want of jurisdiction.

"This suit was instituted to recover $10,000, with interest. This was the alleged consideration money paid by Keene for the conveyance of a tract of land described in the record. The ground of the claim is the covenant of warranty contained in the deed, and the eviction of the plaintiff by a paramount title, viz., that of the United States."

The only evidence of this eviction was that the United States caused a survey to be made of this among other lands.

The district Court of the state decided that this survey did not amount to an eviction.

This judgment was affirmed in the Supreme Court.

The present writ of error is directed to the Supreme Court of Louisiana, by virtue of the twenty-fifth section of the judicial act of 1789.

The defendants in error submit that the decision of the Supreme Court of Louisiana -- that the matter proved, viz., the mere fact that the officers of the United States had surveyed the land in question does not amount to an eviction -- is not a decision against any claim, title or exemption under the Constitution, treaties, or laws of the United States or in any way within the provisions of the judicial act.

Page 35 U. S. 292

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