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CUNNINGHAM v. ASHLEY ET AL.

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55 U.S. 377 (1853)

14 How. 377

14 L.Ed. 462

MATTHEW CUNNINGHAM, PLAINTIFF IN ERROR, v. MARY W.W. ASHLEY, EXECUTRIX AND SOLE LEGATEE OF CHESTER ASHLEY, DECEASED, AND WILLIAM E. ASHLEY, FRANCES A. ASHLEY, (NOW FRANCES A. FREEMAN,) AND HENRY W. ASHLEY, BY MARY W.W. ASHLEY, HIS GUARDIAN, HEIRS AT LAW OF SAID CHESTER ASHLEY, DECEASED, AND ROSWELL BEEBE.

Supreme Court of United States.

March 1, 1853.

Attorney(s) appearing for the Case

It was argued by Mr. Lawrence and Mr. Pike, for the plaintiff in error, and by Mr. Bradley and Mr. Johnson, for the defendants in error.

Mr. Justice McLEAN delivered the opinion of the court.

A writ of error to the Supreme Court of Arkansas, brings this case in Chancery before us, under the twenty-fifth section of the Judiciary Act.

On the 25th of December, 1824, Matthew Cunningham, by his attorney, applied to the Register of the Land-Office at Batesville, in Arkansas, to become the purchaser of the south-east quarter of section three, in township one...

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