Magwire v. Tyler

Mr. Chief Justice TANEY.

I think the court has not jurisdiction in this case. The only point in dispute appears to be upon the true location of the land reserved by Brázeau in' his. deed to Labeaume. And that question" depends altogether upon the description of it in the. deed, and not upon the survey made by the Surveyor General of the United States, nor upon the judgment or decision of the Land Office. It is a judicial question, belonging exclusively to a' court and jury of the State, and not embraced in any one of the provisions of the 25th section of the judiciary act of 1789, in which appellate power over a judgment of a State court is conferred upon this court. But as a majority of the court are of a contrary opinion, and have taken jurisdiction, I concur in affirming the judgment.