John Marshall,
M'Donald v. Smalley (31 U.S. 261…
“ Serious doubts exist respecting the validity of the entry under which the claim has been made, and several points have been discussed at the bar. It is unnecessary to decide more than one of these questions, because that is decisive of the case. David Anderson, in whose name the entry under which the plaintiffs claim was made, was dead at the time. The entry, therefore, as was determined in Galt and others v. Galloway, 4 Peters, 332, 345, is, in the state of Ohio, a nullity. This being the foundation of the plaintiffs' title, they must fail in their action. ”
