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THE UNITED STATES v. FITZGERALD.

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40 U.S. 407 (1841)

15 Pet. 407

10 L.Ed. 785

THE UNITED STATES, PLAINTIFFS IN ERROR, v. JOHN FITZGERALD AND HIPOLITE FITZGERALD, DEFENDANTS IN ERROR.

Supreme Court of United States.

March 2, 1841.

Attorney(s) appearing for the Case

The case was argued by Mr. Gilpin, Attorney General, for the United States; and by Mr. Bell, for the defendants in error.

Mr. Justice M`KINLEY delivered the opinion of the Court.

This is a petitory action brought by the plaintiffs, in the Circuit Court of the United States for the Eastern District of Louisiana, to recover one hundred and sixty acres of land, claimed by the defendants under the pre-emption law of the 19th of June, 1834. In their petition the plaintiffs allege, that the defendants, under the pretence that they were entitled to...

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