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JONES V. BUCKELL, 104 U. S. 554 (1881)

U.S. Supreme Court

Jones v. Buckell, 104 U.S. 554 (1881)

Jones v. Buckell

104 U.S. 554


This Court will not pass upon the charge below where the bill of exceptions does not set forth the evidence and there is nothing to show that the question of law to which the charge relates is involved in the issue.

This was ejectment for lands in Jacksonville, Florida, brought by John and Mary E. Buckell against Jones and others. Plea, not guilty. There was a verdict for the plaintiffs, upon which judgment was rendered. The defendants sued out this writ.

The bill of exceptions does not contain any of the evidence on the trial, but relates to the charge, which is set out in the opinion of this Court.

The following agreement signed by the attorneys of the respective parties was filed in the court below:

"The plaintiffs and defendants, by their attorneys, admit the following to be true, without the necessity of introducing evidence in proof thereof, that is to say:"

"The plaintiffs admit the regularity of all the proceedings in the confiscation suit in the District Court for the Northern

Page 104 U. S. 555

District of Florida against the property of Charles Willey, and that there was a decree of condemnation and sale of said property. The defendants are not required to introduce certified copies of such proceeding or the original papers, and that John S. Sammis was the purchaser at confiscation sale."

"The defendants on their part admit that Francis E. Yale and Mary E. Buckell are the children and only heirs-at-law of Charles Willey, and that the lands in controversy are the same lands which the defendants were in possession of at the date of the service of summons in this suit."

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