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FINLAY ET AL. v. KING'S LESSEE

28 U.S. 346 (____)

3 Pet. 346

ALEXANDER FINLAY AND JOHN MITCHELL, PLAINTIFFS IN ERROR vs. WILLIAM KING'S LESSEE.

Supreme Court of United States.

Attorney(s) appearing for the Case

The case was argued for the plaintiff in error, by Mr Sheffy; and by Mr Smyth and Mr Webster, for the defendant, at the last term; and was held under advisement by the court.

Mr Chief Justice MARSHALL delivered the opinion of the Court.

This is a writ of error brought to a judgment rendered in an ejectment by the court of the United States, for the western district of Virginia. The judgment was pronounced on a case agreed. Three questions have been made at the bar:

1. Is the condition on which the testator has devised his real estate in trust to William King, a condition precedent or subsequent...

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