John Marshall

“ Where error exists in the proceedings of the circuit court, which will justify a reversal of its judgment, this court may send back the cause, with such instructions as the justice of the case may require. But if, in point of law, the judgment ought to be affirmed, it is the duty of this court to affirm it. (a) We cannot, with propriety, reverse a decision which conforms to law, and remand a cause for further proceedings.
The judgment of the circuit court is affirmed with costs. ”

“ The plaintiff in ejectment counts on a demise made by Amos Binney, on the 1st day of January 1828. His title, as shown in the abstract, commenced on the 17th of May 1828, which is subsequent to the demise on which the plaintiff counts. Though the demise is a fiction, the plaintiff must count on one, which, if real, would support his action. ”

“ It is admitted that the Potomac Company, in the year 1793, condemned certain lands, as appears by their said inquisition and condemnation and plot hereto annexed, for their canal and locks through the aforesaid tracts of land, and other adjacent tracts, as noted on said plot. ”