Morrison Waite

“ There is nowhere in any part of the record the least indication that any particular statute of the United States was brought to the attention of the court below, and a ruling asked upon it in connection with the objection which was made to the admissibility of the deed. No judge, in deciding upon the objection, as it was made and presented, would be likely to suppose that if he admitted the evidence he would deny the defendant any 'right, title, privilege, or immunity' 'set up or claimed' under a statute of the United States. ”

“ He also said it was 'not sufficient to show that a question might have arisen or been applicable to the case, unless it is further shown, on the record, that it did arise, and was applied by the state court to the case.' Under this rule, it is clear the admission of the deed did not necessarily involve any such error as will give us jurisdiction. ”