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28 cases

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Published

Syllabus

In an action of ejectment in a state court in Missouri, both parties claimed under the New Madrid act, February 17, 1815, 3 Stat. 211, c. 45. In 1818 one Hammond entered qn the premises, and occupied it until about 1825, claiming title from one Hunot, whose claim, under a Spanish grant, was confirmed by Congress, April 29, 1816, 3 Stat. 328, c. 159. The plaintiff's claimed as heirs of Hammond. The defendant claimed under an execution sale on a judgment obtained in a staje court against Hammond in 1823, under which possession had been taken and maintained. This was fortified by a patent issued, in 1859, to Hunot, or his legal representatives. At the trial of the action in the state court, it was held that, although the legal title to the tract in dispute was in the United States at the time of the sale under the execution, yet Hammond had an equitable interest in it, which was subject to sale under execution, and that, undef the statutes of Missouri, the sheriff’s deed passed all his interest in the premises to the purchaser. Some Federal questions were also raised and decided adversely to the plaintiffs. Judgment being rendered for the defendant, the plaintiffs sued out this writ of error. Held, that this ruling of the state court involved no Federal question, and was broad enough to maintain the judgment, without considering the Federal questions raised, and that the writ of error must, therefore, be dismissed for want of jurisdiction, — following Hopkins v. McLure, 133 U. S. 380; Hale v. Akers, 132 U. S. 654; and Henderson Bridge Co. v. Henderson City, 141 U. S. 679'.