The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
T HE COU r T S.
Important Decisions In the United States
Supreme Court.
The Jumel Estate Caso-Alleged Forged Endorse
ments-Hurrying Up Business in the SUI
preme Court-Suit Against a City
Railroad and Business
in the General Sessions
UNITED STATES SUPREME COURT.

UNITED STATES SUPREME COURT.
Important Decisions in the Supreme Court
Privileges Of United States Land Grantees
Validity Of Wills, the TestatOr Being Re
moved from the State Where the Property
Exisis-Judgmcnt Against n Cavalry Horse
Contractor Apostle StOut's Indictment At
frmed-Thc Court Equally Divided ON the
subject.
WASHINGTON, Feb. s, 1872.
The following decisions were rendered in the Su-
preme Court to- day.
No. 73-Gibson vs.. Chateau-Error to the Supreme
Court OF Missouri.-In this the plaintin in err
holding patent Of the United States TO certain
lands in 81. Louis county, Missouri, brought eject
ment, IN the supreme Court Of the state,
to es as sos OF in se state
ing nndlsturbed possession for ten years
evidence OF ownership as against all other tites
case was decided adversely to the claim under
patent. This Court holds that the same principle
the powers OF CONGRESS- to dispose OF the public
property Of the United States also f0rDlds any
States OF inc possession and enjoyment OF the pro.
perry granted by reason OF any delay in the trans
fer Of the title after the initiation OF the proceed
ings, Tor its acquisition OF that line could be for
ielled, because they were not asserted before the
Tne judgment was reversed and the cause re-
manded for further proceedings, IN conformity with
this opinion. MIR. Justice Field delivered the
opinion.
No. 331-Fouke ct al. va. Zimmerman ct al-Error
to the Circuit Court for Louisiana; and NO. 3S-The
Same Hubert ct a.--In these 1t Is held that
a probate IN Louisiana of the Will OF person who
died d0miced in New York is valid until set aside
In the Louisiana court though the order OF the Sur
rOgate IN New York has been reversed In the Su-
preme Court OF that State, on which the Louisiana
probate was founded. purchaser from the dc.
vIsee Of such will OF real estate In Louisiana, while
the order OF the Louisiana Court establishing the
Will remains IN force Is an innocent purchaser, and
aside the viii to which he Is not q party. SUCH an
order, founded on verdict and JUDGMENT IN New
York declaring the WIN void, obtained BY colqsion
ar law, cannot affect the purchase from the
devsee made IN good faith before sucn verdict and
Judgment Judgment affirmed. MI Justice Miller
delivered the opinion.
No. 5O-Carlt0n and Bridgeport Brass Company
VS.. BOkee-Appeal from the Circuit Court Of Mary
land.-Thls was an action brought by the plaiutfs
in error as assgnees Of one Rechman to restrain
Bokee from infringing patent granted to Rechman
was for Bokee and 1t Is here affirmed. this Court
holding thai BOkee's burner Is no infringement OF
the Rechman relssued patent so lar as the latter IS
valid. Mr.. Justice Bradley delivered the opinion
No. 81. Milwaukee and Minnesota Railroad W..
Louther ct al Appeal from the Circuit Court Tor the
Eastern District OF Michigan.-This was an action
brought TO recover money PAID into Court by the
the DEFENDANTS In error, on the ground that It was
paid py mistake or under the erroneous impression
tnat tne company was tne owner OF tne equity OF
mortgage. The bill was dismissed below on tech
nica grounds, and the decree is here affirmed. Mr..
Justice Bradley delivered the opinion; Mr.. Justice
Field dssented with whom the Chlef Justice and
Mr.. Justice Miller concurred.
NO. 30 United states vs.. Wormer-Appeal from
the Court OF Claims Claimant demanded $4,000
from the government for an alleged breach OF
contract In refusing to receive certain cavalry
horses which he was under contract to furnish,
certain stringent inspection rules having been
parlment refusing to suspend them in his case
On that account the claimant threw up his contract
Ss% Vo ousd for the Claimant but that judgment is
here reversed, the Court holding that 1T was COM
petent for the government to enforce such new
regulations without regard to prior contracts Mr.
Justice Bradley delivered the OplnlOn.
No. 9. Beavars Vs. The United States-Error to
the Circuit Court for Arkansas.-This was an action
on the Official bond Of Beavans as ccever OF PUP
lie Moneys at Baevile Ark. at the outbreak Of the
war; winch were turned to the rebels under the
plea OF c0mpuls0n by the rebel authorities. THIS
Court alrms the Judgment OF the Court below, hold
ing that the defence up Is no bar to recovery
the bond Mr.. Justice Strong delivered the opinion
Mr. Justice Clifford dissented
No. s. Halliburton vs. the United States-Error
to the Circuit Court for the Arkansas DIstrct-The
defence was the same as IN the case OF Beavans
above, and the case was heard and decided with
tnat The Judgment Is also affirmed. Mr.. Justice
Strong delivered the opinion. MI. Justice Clifford
and the ChIcf Justice dissented
No. ST. Dooly vs. Smith, Error to the Court of Appeals
OF Kentucky.-Affrmed, the judgment Of the lower
Court without passing upon the legal tender ques-
ton said to be involved 1t; but inasmuch the
lower Court passed upon the question 1t was insisted
that thus Court could review the decision The Court
reverse the Judgment, and determine The question
IN accordance with the principles laid down inLhe
other cases of the same class Mr.. Justice Strong
delivered The opinion.
No. 47s-Stout vs. the People Of the Territory Of
Utah-Appeal from the Circuit Court OF Utah.-The
planufr in error IN this case, Hosea Stout, was In.
dicied for murder, and the question was whether
the indictment was found by a legal jury. The
Grand Jury framing the indictment was empaneed
by the Marshal, under the usual practice, In the
federal courts without regard TO the law OF Utah,
which provided that the Jury should be empanelled
by the Clerk OF the Court In pursuance OF certain
mode prescribed The Chief Justice now announced
that on the question as TO whether the jury were
legally empaneled the Court stood four IN the af.
nrmative and four In the negative, so the case
disposed OF by divided Court and the Judgment Is
a1irmeu
NO. o2-County OF Bath ct al. vs. Arny-Error to
the Circuit Court for Kenuoky-The rearor applied
to the Circuit Court for mandamus to compel the
levy and collection OF tax to pay certain coupons
held by him. The claim mad not been brought TO
Judgment nor had 1t been put in the suit, ana thls
Court held that the application for mandamus, an
AUXILIARY to any Jurisdiction which the Circuit
Court had and should have been denied. me !uuR-
ment Is, therefore, reverse. Mr. Jusuce strong
delivered the opinion.
No. s3-Pentz ct al vs. Steamer Adrian.-Appeal
from the Circuit Court for the Southern District OF
New York-This was case Of collision between
the brig Edwards ana the steamer Adrian. The
Court below decided that the brig was at fault aud
the libel was dismissed. rms Court reverses tne
decree, holding that the steamer was chargeaole.
MIR. Justice Swayne delivered the opinion.
No. s6s-wheeler vs.. Harris ct al.-Appeal from
the ttrcut Court for the southern District OF New