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SMYTH v. N.O. CANAL & BANKING CO.

No. 75.

141 U.S. 656 (1891)

SMYTH v. NEW ORLEANS CANAL AND BANKING COMPANY.

Supreme Court of United States.

Decided November 23, 1891.

Attorney(s) appearing for the Case

Mr. J. Ward Gurley, Jr., for appellant.

Mr. Henry C. Miller for the New Orleans Canal and Banking Company, appellee. Mr. J.L. Bradford for the same.

Mr. Gus. A. Breaux for the Metarie Cemetery Association, appellee.

MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.

Notwithstanding the statement of the bill respecting the alleged illegal and fraudulent use of the ancient grants produced, and the alleged illegal proceedings of the department, the bill avers the possession by the complainant of a legal title to the premises. Whether that title can be enforced against other claimants will depend of course upon...

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