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KIRK v. SMITH

22 U.S. 241 (1824)

9 Wheat. 241

KIRK and others, Plaintiffs in Error, v. SMITH, ex. dem. PENN, Defendant in Error.

Supreme Court of United States.

February 5, 1824.

Attorney(s) appearing for the Case

The cause was argued by Mr. Clay and Mr. Webster for the plaintiffs in error, and by the Attorney General and Mr. Sergeant for the defendants in error.

Mr. Chief Justice MARSHALL delivered the opinion of the Court.

This is a writ of error to a judgment rendered by the Circuit Court for the District of Pennsylvania, in favour of Penn's lessee, who was plaintiff in a writ of ejectment. The case depends on a bill of exceptions taken to the opinion of the Court, expressed in a charge to the jury.

On the 4th of March, in the year 1681, Charles II. granted to William Penn...

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