The Case of Dred Scott in the United States Supreme Court the Full Opinions of
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This case, therefore, is like that of Digby v. Alex- ander, (8 Bing. , 116). In that case, the defendant pleaded many facts strongly tending to show that he was once Earl of Stirling ; but as there was no positive allegation that he was so at the time of action brought, and as every fact averred might be true, and yet the defendant not have been Earl of Stirling at the time of action brought, the plea was held to be insufficient.
" A lawful seizin of land is presumed to continue. But if, in an ...action of trespass quare clausum, the defendant were to plead that he was lawfully seized of the locus in quo, one month before the time of the alleged trespass, I should have no doubt it would be a bad plea. (See Mollan v. Torrance, 9 Wheat. , 537. ) So if a plea to the jurisdiction, instead of alleging that the plaintiff was a citizen of the same State as the defendant, were to allege that the plaintiff's ancestors were citizens of that State, I think the plea could not be supported. My judgment would be, as it is in this case, that if the defen- dant meant to aver a particular substantive fact, as existing at the time of action brought, he must, do it directly and explicitly, and not hy way of infer- ence from certain other averments, which are quite consistent with the con- trary hypothesis.
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To quickly assess the difficulty of the text, read a short excerpt:
This case, therefore, is like that of Digby v. Alex- ander, (8 Bing. , 116). In that case, the defendant pleaded many facts strongly tending to show that he was once Earl of Stirling ; but as there was no positive allegation that he was so at the time of action brought, and as every fact averred might be true, and yet the defendant not have been Earl of Stirling at the time of action brought, the plea was held to be insufficient.
" A lawful seizin of land is presumed to continue. But if, in an ...action of trespass quare clausum, the defendant were to plead that he was lawfully seized of the locus in quo, one month before the time of the alleged trespass, I should have no doubt it would be a bad plea. (See Mollan v. Torrance, 9 Wheat. , 537. ) So if a plea to the jurisdiction, instead of alleging that the plaintiff was a citizen of the same State as the defendant, were to allege that the plaintiff's ancestors were citizens of that State, I think the plea could not be supported. My judgment would be, as it is in this case, that if the defen- dant meant to aver a particular substantive fact, as existing at the time of action brought, he must, do it directly and explicitly, and not hy way of infer- ence from certain other averments, which are quite consistent with the con- trary hypothesis.
What to read after The Case of Dred Scott in the United States Supreme Court the Full Opinions of?
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