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BROOKS v. MARBURY

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24 U.S. 78 (1826)

11 Wheat. 78

6 L.Ed. 423

BROOKS v. MARBURY.

Supreme Court of United States.

February 20, 1826.

Attorney(s) appearing for the Case

This is the same case which is reported ante, vol. VII. p. 556. The judgment of the Court below was then reversed, and a venire de novo awarded. At the new trial, exceptions were taken to the instructions given by the Court to the jury; and the cause having again been brought before this Court for revision, was argued by Mr. Jones and Mr. Coxe, for the plaintiff,a and by the Attorney General and Mr. Key, for the defendant.b

Mr. Chief Justice MARSHALL delivered the opinion of the Court.

This case depends on the validity of a deed executed by Richard H. Fitzhugh on the 31st of December, 1819, purporting to convey to the defendant, for the use of certain enumerated creditors, his slaves, goods, and debts, which deed was recorded in the record book for the county in which the parties resided, on the 3d of January, 1820. Immediately after executing...

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