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DAVENPORT v. LAMB

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80 U.S. 418 (1872)

13 Wall. 418

20 L.Ed. 655

DAVENPORT, v. LAMB ET AL.

Supreme Court of United States.

April 15, 1872.

Attorney(s) appearing for the Case

Mr. W.W. Chapman, for the appellant.

Mr. G.H. Williams, contra.

Mr. Justice FIELD, after stating the case, delivered the opinion of the court, as follows:

Neither of the patentees were living at the time the patent for the donation claim in this case was issued, Lownsdale having died in May, 1862, and Nancy having died in April, 1854. At common law the patent would have been inoperative and void from this circumstance.* By that law the grant to a deceased party...

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