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Kennedy v. Creswell

• 1879 • 101 U.S. 641 • Waite Court
Kennedy v. Creswell is a United States Supreme Court case that was decided in 1879. The case involved a dispute between two parties over the ownership of a piece of land in the state of Missouri. The plaintiff, Kennedy, claimed that he had purchased the land from the defendant, Creswell, in 1867. Creswell, however, argued that he had never sold the land to Kennedy and that Kennedy had no legal right to the property. The Supreme Court ultimately sided with Kennedy, ruling that he had acquired...Open Case
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Chief Waite Court
Term: 1879
Docket: 277
101 U.S. 641
25 L. Ed. 1075
1879 U.S. LEXIS 1969
Argued: Apr 23, 1880

Kennedy v. Creswell

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Opinion Summary
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Kennedy v. Creswell is a United States Supreme Court case that was decided in 1879. The case involved a dispute between two parties over the ownership of a piece of land in the state of Missouri. The plaintiff, Kennedy, claimed that he had purchased the land from the defendant, Creswell, in 1867. Creswell, however, argued that he had never sold the land to Kennedy and that Kennedy had no legal right to the property. The Supreme Court ultimately sided with Kennedy, ruling that he had acquired the land through a valid contract with Creswell. The Court found that Kennedy had provided sufficient evidence to prove that he had purchased the land from Creswell, and that Creswell had no legal right to the property. The Court also held that Kennedy had a valid title to the land and that Creswell had no right to reclaim it. The decision in Kennedy v. Creswell established that a valid contract between two parties is sufficient to transfer ownership of a piece of land, even if the contract is not recorded in the public records. The case also established that a party who has acquired a piece of land through a valid contract has a valid title to the land and cannot be deprived of it by the other party.

Dissent Summary
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Justice Field delivered the dissenting opinion in Kennedy v. Creswell, arguing that the majority's decision was incorrect and should be reversed. He argued that although a state court may have jurisdiction to determine whether or not an individual is a citizen of another state, it does not necessarily follow that such jurisdiction extends to determining whether or not an individual has been naturalized as a citizen of the United States. The power to grant citizenship lies solely with Congress under Article I, Section 8 of the Constitution and any attempt by a state court to exercise this power would be unconstitutional. Furthermore, Justice Field argued that even if there were some evidence suggesting Mr. Kennedy had been naturalized as a U.S Citizen in Illinois before moving to Missouri (as alleged by his wife), this did not mean he was automatically granted citizenship rights upon entering Missouri; rather he must still prove his status through other means such as providing proof from witnesses who can testify about his naturalization process in Illinois prior to moving into Missouri territory for him gain full protection under federal law regarding citizens' rights within each respective State’s borders .

Opinion written by Justice JPBradley
Decided: May 10, 1880
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