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DOWNES V. SCOTT, 45 U. S. 500 (1846)

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U.S. Supreme Court

Downes v. Scott, 45 U.S. 4 How. 500 500 (1846)

Downes v. Scott

45 U.S. (4 How.) 500


The second section of the Act of 29 May, 1830, providing, that

"If two or more persons be settled upon the same quarter-section, the same may be divided between the two first actual settlers if by a north and south or east and west line the settlement or improvement of each can be included in a half-quarter-section,"

refers only to tracts of land containing one hundred and sixty acres, and does not operate upon one containing only one hundred and thirty-three acres.

Therefore, where tenants in common of a tract of one hundred and thirty-three acres applied to a state court for a partition under the above act, the judgment of that court cannot be reviewed by this Court when brought up by writ of error under the twenty-fifth section of the Judiciary Act, because the right asserted does not arise under an act of Congress.

The writ of error must be dismissed.

Mr. Crittenden, for the defendant in error, moved to dismiss the writ for the following reasons. Because: chanroblesvirtualawlibrary

Page 45 U. S. 501

1st. Said writ of error is directed to the "Judge of the Ninth Judicial District Court of the State of Louisiana," when in truth no writ of error lies from this to that court.

2d. Said writ is for alleged error in a judgment of the said District Court of Louisiana when in truth this Court has no jurisdiction to judge of or correct said error if it exists, and no power to reverse said judgment upon writ of error.

3d. That the record filed in this case, or what purports to be such, is not duly certified, or legally authenticated and verified -- the certificate of "John T. Mason Clerk of the Ninth District Court, Parish of Madison, La.," being no evidence of the truth or verity of any record which this Court has power to judge of on writ of error.

4th. The subject matter of said suit and judgment, and the parties thereto, were proper matters and subjects of the jurisdiction of the courts of the State of Louisiana, and there is nothing therein to give this Court any cognizance or right to revise or reverse said judgment, and the same is final and conclusive.

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