ORTON v. SMITH


59 U.S. 263 (1855)

18 How. 263

JOHN J. ORTON, APPELLANT, v. GEORGE SMITH.

Supreme Court of United States.


Attorney(s) appearing for the Case

It was argued by Mr. Gillett and Mr. Lynde, for the appellant, and Mr. Brown, for the appellee. There was also a brief filed on the same side by Mr. Upham.


Mr. Justice GRIER delivered the opinion of the court.

The bill, in this case, is in the nature of a "bill of peace," as authorized by the statutes of Wisconsin. Smith, the claimant below, claimed to be owner of certain lands, to which Orton claimed also to have some title. The bill prays an injunction against Orton, to prohibit him from setting up his claim, and thereby "casting a cloud" over the good legal title of complainant.

The facts of the case are somewhat...

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