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BARNARD'S HEIRS v. ASHLEY'S HEIRS ET AL.

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59 U.S. 43 (1856)

18 How. 43

15 L.Ed. 285

ELIZABETH J. BARNARD, MARY A. BARNARD, CORRINE BARNARD, WILLIAM S. BARNARD, AND THOMAS BARNARD, INFANT CHILDREN AND SOLE HEIRS OF THOMAS BARNARD, DECEASED, BY WILLIAM CANNON, THEIR GUARDIAN AND NEXT FRIEND, COMPLAINANTS AND APPELLANTS, v. MARY W.W. ASHLEY, EXECUTRIX, AND WILLIAM E. ASHLEY, AND FRANCES A. ASHLEY, AND HENRY C. ASHLEY, AN INFANT, BY MARY W.W. ASHLEY, HIS GUARDIAN, HEIRS, &C. OF CHESTER ASHLEY, DECEASED, AND SILAS CRAIG'S REPRESENTATIVES.

Supreme Court of United States.

January 8, 1856.

Attorney(s) appearing for the Case

It was argued by Mr. Pike, for the appellants, and by Mr. Lawrence and Mr. Crittenden, for the appellees.

Mr. Justice CATRON delivered the opinion of the court.

The proceedings in the court below consisted of a bill filed by Barnard against Ashley and Craig, praying that certain patents for lands issued to the defendants might be decreed to be cancelled, upon the ground of a violation of pre-emption rights on part of the complainant, to the following tracts, namely: N.E. ¼ and S.W. fr. ¼ of sec. 27; S.E. fr. ¼ of sec. 28, T. 18 S., R. 1 W.; S.W. fr. ¼...

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