Joel Wright, Plaintiff in Error v. Schuyler H. Mattison

Mr. Browning said that he felt some embarrassment in consequence of the decision of this court in Moore v. Brown, 11 How. 434; but he thought that a different construction had since been given to the statute by the supreme court of Illinois, in Irving v. Brownell, 11 Illinois, 402, 414. These cases were then discussed. Wright also claimed under an auditor's deed in 1833, which was within the protection of the act of 1835, and which would have furnished a sufficient defence, if he had been in possession for seven years. Whether he was so or not, was a question of fact for the jury. But the court withdrew it from them. Wright had clearly had possession of one and a half acres, and yet the court decided that he was entitled to the protection of the statute of 1835, or that of 1839.