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Wadhams v. Gay, 73 Ill. 415 689, 699 Wagner v. Baird, 7 How. 234 Walker v. Brooks, 125 Mass. 241 -v. Dreville, 13 Wall. 440 Wallace v. Loomis, 97 U. S. 146 Walworth v. Routh, 14 La. Ann. 205 131 Warder v. Arell, 2 Wash. (Va.) 282 132 Warren v. Lynch, 5 Johns. (N. Y.) 239 133 Wayman v. Southard, 10 Wheat. 1 136, 276, 277 Weymouth v. Chicago & Northwestern Railway Co., 17 Wis. 550 434 Whaley v. Dawson, 2 Sch. & Lef. 367 690, 699 White v. Franklin Bank, 22 Pick. (Mass.) 181

392

677

678

310

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v. Leavitt, 20 Tex. 703 Whiting v. Bank of the United States, 13 Pet. 6 4, 71, 428, 431, 534 Whitney v. Cook, 99 U. S. 607 429 Wilcox v. Hunt, 13 Pet. 378

134

107

v. Hodson, 10 Wall. 395

151

720

v. Justice, 14 Wall. 535 v. Kirkpatrick, 9 Wheat. 444, 445

595

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v. Knight, 14 Pet. 301

280

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514 v. Nottawa, 104 U. S. 209 555, 589 Williamson v. Kincaid, 4 Dall. 20 580 Willingham v. Leake, 7 Baxter, 453 340 Wilmot v. Mudge, 103 U. S. 217 12, 562 Wilson v. Barnum, 8 How. 258 606

v. Sandford, 10 How. 99

617

514

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REPORTS OF THE DECISIONS

OF THE

SUPREME COURT OF THE UNITED STATES,

OCTOBER TERM, 1882.

PARKER v. MORRILL.

An appeal will be dismissed where it does not appear by the record, or otherwise, that the value of the matter in dispute exceeds $5,000.

MOTION to dismiss an appeal from the Circuit Court of the United States for the District of West Virginia.

The case is stated in the opinion of the court.

Mr. Gideon D. Camden in support of the motion.
Mr. D. D. Lord, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the

court.

This is a motion to dismiss for the reason that it does not appear in the record or by affidavits that the value of the matter in dispute exceeds $5,000. The record shows that Willard Parker, Jr., the appellant, as the owner of one undivided twentieth part of a large tract of land in West Virginia, embracing within its boundaries several hundred thousand acres, filed his bill in equity against Willard Parker, Sen., as the owner of the remaining nineteen-twentieths, and Morrill, the appellee, for a partition as between himself and Parker, senior, and to remove a cloud upon the title to a part of the tract caused by a claim set up by Morrill. Upon the hearing the court below dismissed the bill as to Morrill, and from a

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