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George Morris And David Gwynne, Plaintiffs In Error v. The Lessee Of Josiah Harmer's Heirs

1833 • 32 U.S. 554 • Marshall Court
In the case of George Morris and David Gwynne v. The Lessee of Josiah Harmer's Heirs, the plaintiffs argued that they were entitled to a tract of land in Ohio which had been granted by Virginia to their ancestor prior to statehood. The defendant claimed title through an earlier grant from Pennsylvania, which was made after Ohio became a state. The Supreme Court held that under the terms of both grants, neither party could claim superior rights over the other as each grant was valid when it was...Open Case
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Chief Marshall Court
Term: 1833
32 U.S. 554
8 L. Ed. 781
1833 U.S. LEXIS 360
Argued: Feb 21, 1833

George Morris And David Gwynne, Plaintiffs In Error v. The Lessee Of Josiah Harmer's Heirs

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Opinion Summary
AI Abstract

In the case of George Morris and David Gwynne v. The Lessee of Josiah Harmer's Heirs, the plaintiffs argued that they were entitled to a tract of land in Ohio which had been granted by Virginia to their ancestor prior to statehood. The defendant claimed title through an earlier grant from Pennsylvania, which was made after Ohio became a state. The Supreme Court held that under the terms of both grants, neither party could claim superior rights over the other as each grant was valid when it was issued; however, since Pennsylvania’s grant came first chronologically speaking, it took precedence over Virginia’s later one and thus gave title to the defendant. As such, judgment was entered for them accordingly.

Dissent Summary
AI Abstract

In the case of George Morris and David Gwynne v. The Lessee of Josiah Harmer's Heirs, the dissenting opinion was that a lessee could not be held liable for damages to property caused by their negligence in failing to repair a bridge on leased land. The majority had ruled that since the lease agreement required repairs to be made, it created an implied warranty from the lessor which extended liability beyond what would normally exist under common law principles. However, Justice Story argued that such an interpretation was too broad and went against established precedent as well as public policy considerations; he believed there should have been no liability imposed upon either party due to lack of privity between them. Furthermore, he noted that if this ruling were allowed to stand then all leases would become contracts with warranties attached regardless of whether or not they were explicitly stated in writing - something which could lead to serious consequences for both landlords and tenants alike.

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