US SUPREME COURT DECISIONS

U.S. Supreme Court

Brush v. Ware, 40 U.S. 15 Pet. 93 93 (1841)

Brush v. Ware

40 U.S. (15 Pet.) 93

APPEAL FROM THE CIRCUIT

COURT OF OHIO

chanrobles.com-red

Page 40 U. S. 94

The appellees, John H. Ware and others, heirs of John Hockaday, an officer in the Virginia line on the continental establishment, filed their bill in the Circuit Court of Ohio against the appellant, Henry Brush and against others for the recovery of certain lands in the State of Ohio in the military reservation. John Hockaday was entitled, under the acts and resolutions of Congress, to 4,000 acres, in the Virginia military reserve. Afterwards, on the motion of the complainants, the bill was dismissed as to all the defendants except Henry Brush, and a decree having been entered in the circuit court in favor of the complainants, Henry Brush prosecuted this appeal.

As the heirs of John Hockaday, the complainants claimed title to the land in question. John Hockaday made his will, disposing of his personal property only, and Ware, one of the executors, proved the will. As executor Hockaday, he made a fraudulent sale of the military right of the testator to one Joseph Ladd, and having obtained from the executive council of Virginia a certificate of the right of John Hockaday for the land to which he was entitled, he assigned the same to John Ladd. On this certificate, Ladd obtained, as the assignee of Ware, executor of John Hockaday, four warrants, each for 1,000 acres. Part of the land under one of these warrants, through assignments to George Hoffman and others, became the property of Henry Brush, who, under an entry made by George Hoffman, obtained a patent for the land held by him from the United States on 23 January, 1818.