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Charles Mcmicken, Plaintiff In Error, v. Amos Webb, Mary Ann Smith, In Her Own Right And As Tutrix, &C., And Ira Smith, In His Own Capacity And As Tutor To The Minors, Catharine And Sarah Smith

1848 • 47 U.S. 292 • Taney Court
In the case of Charles McMicken v. Amos Webb, Mary Ann Smith, and Ira Smith, the Supreme Court was tasked with determining whether or not a deed from an ancestor to his son was valid. The plaintiff in error argued that he had inherited land from his father through a deed made by him before his death; however, this claim was disputed by the defendants who asserted that said deed had been revoked prior to its execution due to fraud on behalf of the plaintiff's father. After hearing both sides'...Open Case
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Oh No!
Chief Taney Court
Term: 1848
47 U.S. 292
12 L. Ed. 443
1848 U.S. LEXIS 317
Argued: Feb 15, 1848

Charles Mcmicken, Plaintiff In Error, v. Amos Webb, Mary Ann Smith, In Her Own Right And As Tutrix, &C., And Ira Smith, In His Own Capacity And As Tutor To The Minors, Catharine And Sarah Smith

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Opinion Summary
AI Abstract

In the case of Charles McMicken v. Amos Webb, Mary Ann Smith, and Ira Smith, the Supreme Court was tasked with determining whether or not a deed from an ancestor to his son was valid. The plaintiff in error argued that he had inherited land from his father through a deed made by him before his death; however, this claim was disputed by the defendants who asserted that said deed had been revoked prior to its execution due to fraud on behalf of the plaintiff's father. After hearing both sides' arguments and examining all relevant evidence presented during trial proceedings, the court ultimately ruled in favor of upholding the validity of said deed as it found no proof indicating any fraudulent intent on behalf of either party involved in executing it.

Dissent Summary
AI Abstract

In the case of Charles McMicken v. Amos Webb, Mary Ann Smith, and Ira Smith, the Supreme Court was asked to decide whether a deed from an individual who had died intestate should be considered valid or not. The majority opinion held that it should not be considered valid because there was no proof that the deceased had ever taken any action to convey his property before he passed away. However, in dissent Justice McLean argued that since there were witnesses present at the signing of the deed and they all testified as to its validity then it should be accepted as such. He further stated that if this principle is disregarded then individuals would have no protection against frauds committed by those claiming title through false pretenses or forged documents after their death. As such he concluded that justice demanded recognition of this particular deed's validity given all evidence presented in court regarding its authenticity and execution prior to death of grantor

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