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United States Supreme Court

24 U.S. 446

Carnochan  v.  Christie

March 10th.

This cause was argued by Mr. Webster and Mr. Berrien for the appellants, [a] and by Mr. Emmett and Mr. D. B. Ogden for the respondents. [b]March 14th.

Mr. Chief Justice MARSHALL delivered the opinion of the Court.


^a  They cited, as to the necessity of a cross bill by the defendants, in order to establish the conveyances, 2 Madd. Ch. 329. 2. Ark. 133. 1 Ball and Beatty, 217. 2 Cox, 78. As to the manner in which a Court of equity acts upon an award, either by confirming it in toto or rejecting it, 1 Bro. Ch. 389. 3 Bro. Ch. 163. 1 Ves. Jun. 365. 2 Ves. Jun. 22. 4 Bro. Ch. 117. 536. As to the necessity of the award extending to all the matters of reference, 7 East's Rep. 81. As to the uncertainty and inconclusiveness of the award, 7 Term Rep. 69.

^b  To show that an award might be good in part, and void as to the residue, they cited 5 Wheat. Rep. 394. 3 Dessauss. 11. 14 Johns. Rep. 36. Kyd on Awards, 243, 261. and the cases there collected.

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