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Civil Procedure Keyed to Field
Livingston v. Jefferson
Facts
Plaintiff held title to land alongside the Mississippi River in the Orleans territory. Defendant, the President of the United States, entered the land, confiscated property stored on the land, and dug up and took away cartloads of sand and clay. Once Defendant left the Presidency, Plaintiff, a New York resident, sued Defendant, a Virginia resident, in the circuit court for the District of Virginia. Defendant claimed that he acted according to federal law and in his capacity as President. He also claimed that the Virginia court lacked jurisdiction since the land was in the Orleans territory, which had its own court. Plaintiff argued that because Defendant had been a Virginia resident at the time of the alleged trespass as well as when the suit was brought, the court in Orleans did not have jurisdiction over Defendant.
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