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SWEENY'S v. TONER

2 U.S. 129 (____)

2 Dall. 129

SWEENY'S LESSEE versus TONER.

Supreme Court of United States.

Attorney(s) appearing for the Case

For the Plaintiff it was contended.

BY THE COURT: — This case involves two questions; the one a question of fact, and the other a question of law. On the former, it is the province of the Jury to decide; but, in our opinion, it appears clearly in favour of the lessor of the plaintiff. With respect to the latter, we deem it equally clear on the same side. The defendant made the first improvement; and he continued his possession, till, at the call of his country...

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