Jeter v. Hewitt,
63 U.S. 352 (1859)

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U.S. Supreme Court

Jeter v. Hewitt, 63 U.S. 22 How. 352 352 (1859)

Jeter v. Hewitt

63 U.S. (22 How.) 352


Where a mortgage of land and slaves in Louisiana was made to the Bank of Louisiana, the property sold in the manner pointed out by the charter of the bank, the purchasers applied to the district court (state court) under a statute of Louisiana for a monition, citing all persons who objected to the sale to make their objection known, that court decided that the sale was null and void, but the supreme court reversed the judgment as to the widow and those claiming under her, this judgment cuts off all the objections that apply to the manner of conducting the sale, and to the form of the judgment in the court below.

The supreme court of the state decided that the courts below had jurisdiction of the case, and that decision is binding upon this Court. The whole matter now in controversy has therefore been legally adjudicated by the courts of the state.

This was an action brought by John P. Jeter, a citizen of Louisiana resident in New Orleans, against James Hewitt and David Heron, citizens of the State of Kentucky, temporarily within the jurisdiction of the Circuit Court for the District of Louisiana.

The nature and history of the case are stated in the opinion of the Court. It was submitted to the circuit court upon the pleadings, depositions, oral testimony, and arguments of counsel,

Page 63 U. S. 353

which found the facts substantially as they are narrated in the opinion of this Court, and then dismissed the petition of the plaintiff. A writ of error was sued out, which brought the case up to this Court.

Page 63 U. S. 358

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