Public-domain · open source
OpenJurist

2 U.S. 381

Maxwell's Lessee v. Levy

Supreme Court of the United States

Decided January 1, 1797

Supreme Court of the United States · decided 1797

Good law ✅— No negative treatment on recordhow we know

Decided 1797

How this case has been cited

Cited by 11 later decisions (2 by the Supreme Court) — most recently January 1938

1 federal appellate · 1 state decisions

50179718001810182018301840185018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1EJECTMENT. On a rule to shew cause, why this ejectment, and many other cases depending on the same principle, should not be struck off the record, upon a suggestion that the Court had no jurisdiction, it-appeared, that the lessor of the plaintiff was a citizen of Maryland, resident there, and that the defendant was a citizen of Pennsylvania, resident here. But as soon as the ejectment was instituted, a bill for discovery was filed against the lessor of the plaintiff, on the equity side of the Court, in which it was alledged, “that the conveyance of the premises in controversy to the lessor of the plaintiff was made by Morris, a citizen of Pennsylvania, for no other purpose thato give jurisdiction to the Circuit Court ;" and the answer to the bill admitted; “ that the lessor of the plaintiff had given no consideration for the conveyance; that his name had been used by way only of accommodation to Morris” ; but it was not directly said, that it was for the purpose of creating a jurisdiction in the Federal Court.

¶2After argument by M. Levy, for the plaintiff, and by T ilghman, for the defendant, Iredell, Justice, delivered opinion of the Court, in which the conveyance to the less the plaintiff was considered as entirely colorable and collusive ; and, therefore, incapable of laying a foundation for the jurisdiction of the Court.

¶3The rule made absolute.

¶4Anonymous

/2/us/381 · .json · Public domain