Walden v. Bodley's Heirs,
50 U.S. 34 (1850)

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U.S. Supreme Court

Walden v. Bodley's Heirs, 50 U.S. 9 How. 34 34 (1850)

Walden v. Bodley's Heirs

50 U.S. (9 How.) 34


This Court having sent a mandate to a circuit court to put a party into possession of certain lands which were the subject of an ejectment suit, it was right in the circuit court not to extend the possession further than the land originally recovered in ejectment, although other lands were afterwards drawn into the controversy.

Where a defendant in ejectment aliens the property in dispute whilst the proceedings are pending, a possession by the vendee will not justify a plea of the statute of limitations. This Court having issued an order, after the expiration of the demise, that the circuit court should place the plaintiff in possession, such an order proceeded on principles governing a court of equity, and the circuit court was bound to conform to it.

These cases were exceedingly complicated, and cannot be understood without a reference to the following plat.

Page 50 U. S. 35

The history and facts of the case are given so much in detail in the opinion of the Court, that it is unnecessary to do more than refer the reader to that opinion, as delivered by MR. JUSTICE CATRON.

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