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PRESTON V. BRACKEN, 51 U. S. 81 (1850)

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Preston v. Bracken, 51 U.S. 10 How. 81 81 (1850)

Preston v. Bracken

51 U.S. (10 How.) 81


This case was decided on the same ground as the preceding case of McNulty v. Batty.

An action of ejectment was commenced at the April term, 1845, of the Iowa County Court by the defendant in error against the plaintiffs in error to recover a lot of land situate in that county. The venue was afterwards changed to the County of Milwaukee. Issue having been joined, and a jury empanelled and sworn, a verdict was found for the plaintiff, upon which a judgment was entered.

On 19 July, 1847, the case was carried by writ of error to the Supreme Court of Wisconsin Territory, and on 2 August the judgment of the County Court was affirmed by a divided court.

Whereupon a writ of error to the Supreme Court of the Territory of Wisconsin was sued out of this Court, and the citation served on 24 November, 1847.

Wisconsin was admitted into the Union as a state by the act of Congress approved 29 May, 1848.

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