Mahlon Pitney

“ Obviously, whether two states of the Union, either by long acquiescence in a practical location of their common boundary, or by agreement otherwise evidenced, have definitely fixed or changed the limits of their jurisdiction as laid down by the authority of the general government in treaty or statute, is in its nature a federal question. We have stated briefly, in Arkansas v. Tennessee, the reasons why we are unable to concur with the state court in its decision upon this point. ”

“ Upon appeal, the Supreme Court of Tennessee, disregarding the form of the pleadings, treated the action as brought to recover the land as well as to stay waste in cutting and removing timber; and deeming that the question of jurisdiction which depended upon the location of the boundary line between Tennessee and Arkansas and the question of the right of the former state to recover the land were practically the same question, considered them together. ”

“ Upon appeal to the Supreme Court this decree was affirmed, with modifications not necessary to be mentioned, that court ordered that a writ of possession be issued to place the complainant state in possession of the tract of land in controversy, and retained the case for an accounting respecting the value of the timber. ”