UDELL ET AL. v. DAVIDSON


48 U.S. 769 (1849)

7 How. 769

GRANT B. UDELL AND JACOB MILLER, PLAINTIFFS IN ERROR, v. ALEXANDER B. DAVIDSON.

Supreme Court of United States.


Attorney(s) appearing for the Case

A motion to dismiss it, for want of jurisdiction, was made by Mr. J. Mason Campbell, which motion was sustained by him, and opposed by Mr. Coxe.


Mr. Chief Justice TANEY delivered the opinion of the court.

A motion has been made to dismiss this case, for want of jurisdiction.

It appears that a man by the name of Gregory had obtained, by residence on the land mentioned in the proceedings, a right of preëmption, under the act of Congress of 1838. But, before he paid the price fixed by the government in such cases, or made the entry, he sold his right to Miller, one of the plaintiffs in error. Miller...

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