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Grant B. Udell And Jacob Miller, Plaintiffs In Error, v. Alexander B. Davidson

1849 • 48 U.S. 769 • Taney Court
Grant B. Udell and Jacob Miller brought a case against Alexander B. Davidson in the Supreme Court of Ohio, alleging that they were entitled to certain lands by virtue of an act passed by the legislature in 1833. The plaintiffs argued that their title was superior to any other claim on the land, including Davidson's deed from 1836. However, Davidson countered with his own argument: he had been in possession of the land since before 1833 and thus held a valid title under common law principles...Open Case
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Chief Taney Court
Term: 1849
48 U.S. 769
12 L. Ed. 907
1849 U.S. LEXIS 370

Grant B. Udell And Jacob Miller, Plaintiffs In Error, v. Alexander B. Davidson

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Opinion Summary
AI Abstract

Grant B. Udell and Jacob Miller brought a case against Alexander B. Davidson in the Supreme Court of Ohio, alleging that they were entitled to certain lands by virtue of an act passed by the legislature in 1833. The plaintiffs argued that their title was superior to any other claim on the land, including Davidson's deed from 1836. However, Davidson countered with his own argument: he had been in possession of the land since before 1833 and thus held a valid title under common law principles established prior to passage of said act. After considering both sides' arguments, the court found for Davidson; it ruled that his possession predated any legislative action and therefore gave him priority over all other claimants on this particular parcel of land. As such, Grant B. Udell and Jacob Miller's claims were denied due to lack of legal standing or authority over this property dispute between them and Alexander B

Dissent Summary
AI Abstract

In the dissenting opinion of Grant B. Udell and Jacob Miller v. Alexander B. Davidson, Justice McLean argued that the plaintiffs had a valid claim to ownership of certain lands in Ohio based on their purchase from an Indian tribe who held title to them at the time of sale. He noted that under both state and federal law, such purchases were recognized as legitimate transactions with full legal effect, and thus should be honored by courts even if they occurred prior to any formal treaty between the United States government and said tribe regarding land rights or other matters related thereto. Furthermore, he maintained that since no evidence was presented indicating fraud or bad faith on behalf of either party involved in this transaction, it would be unjust for a court to deny its validity simply because it did not conform with all applicable laws at the time it took place; rather, he believed justice demanded recognition of these parties' rights according to what was agreed upon between them when they entered into their contract many years ago.

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