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Bush v. Kentucky

• 1882 • 107 U.S. 110 • Waite Court
Bush v. Kentucky is a United States Supreme Court case that was decided in 1883. The case involved a dispute between the state of Kentucky and the Bush family over the ownership of a tract of land. The Bush family had purchased the land from the state in 1876, but the state later attempted to reclaim the land, claiming that the purchase was invalid. The Supreme Court ruled in favor of the Bush family, holding that the state had no right to reclaim the land after it had been sold. The Court also...Open Case
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Chief Waite Court
Term: 1882
Docket: 1130
107 U.S. 110
1 S. Ct. 625
27 L. Ed. 354
1882 U.S. LEXIS 1207
Argued: Jan 16, 1883

Bush v. Kentucky

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Opinion Summary
AI Abstract

Bush v. Kentucky is a United States Supreme Court case that was decided in 1883. The case involved a dispute between the state of Kentucky and the Bush family over the ownership of a tract of land. The Bush family had purchased the land from the state in 1876, but the state later attempted to reclaim the land, claiming that the purchase was invalid. The Supreme Court ruled in favor of the Bush family, holding that the state had no right to reclaim the land after it had been sold. The Court also held that the state had failed to provide sufficient evidence to prove that the purchase was invalid. This decision established the principle that a state cannot reclaim land that has been sold to a private party, even if the sale was later found to be invalid. The ruling also established the principle that a state must provide sufficient evidence to prove that a sale is invalid before attempting to reclaim the land.

Dissent Summary
AI Abstract

Justice Field delivered the dissenting opinion in Bush v. Kentucky, arguing that the state of Kentucky had not violated any constitutional rights by denying a prisoner's request for a change of venue from one county to another. He argued that it was within the power and discretion of each state to determine how its criminal proceedings should be conducted, as long as they did not violate any federal laws or constitutional provisions. Furthermore, he noted that there were no specific rules governing requests for changes of venue in this case; thus, it was up to each individual court to decide whether such requests should be granted or denied based on their own standards and procedures. Justice Field concluded his dissent by stating that if Congress wanted states like Kentucky to have different rules regarding changes of venue than those already established under common law principles then they could pass legislation requiring them do so - but until then courts must abide by existing laws and regulations when making decisions about these matters.

Opinion written by Justice JHarlan(1)
Decided: Jan 29, 1883
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