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Sabariego Vs. Maverick

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  • US Supreme Court
  • Jan 23, 1888

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  1. Windsor Vs. Mcveigh US Supreme Court · Jan 01, 1876
  2. U.S. 261 (1888) U.S. Supreme Court Sabariego v. Maverick
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  3. U.S. 261 (1888) Sabariego v. Maverick
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  4. the declarations of this Court in cases supposed to be similar, and reference is made to that of the United States v. Arredondo
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  5. if there is a discretion conferred, its abuse is a matter between the governor and his government, etc. King v. Picton
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  6. The same principles were applied in the case of Strother v. Lucas
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  7. of title based on the official acts of the public authorities of the preceding governments of Mexico and Spain. Jones v. Muisbach
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  8. vested in the grantor at the time of the grant. This is the doctrine declared by this Court in the case of Herron v. Dater
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  9. to convey. The law on this subject was stated by this Court in its opinion delivered by Mr. Justice Story in Carver v. Astor
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  10. So, in United States v. Ross
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  11. said this Court in Windsor v. McVeigh
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  12. To the same effect is the case of Alexandria v. Fairfax
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  13. U. S. 774 . The subject was very thoroughly examined by Mr. Justice Story in Bradstreet v. Neptune
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  14. own official action, are not legal proof of the fact itself. This principle is illustrated by the case of Atwood v. Winterport
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  15. This is also the rule of the common law as declared by this Court in the case of Christy v. Scott
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  16. who entered without any title. He may do so by a writ of entry, where that remedy is still practiced, Jackson v. Boston
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  17. Worcester Railroad, 1 Cush. 575, or by an ejectment, Allen v. Rivington
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  18. Doe v. Reade
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  19. Doe v. Dyeball
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  20. Jackson v. Hazen
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  21. Whitney v. Wright
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  22. Wend. 171, or he may maintain trespass, Catteris v. Cowper
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  23. Graham v. Peat
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  24. where the defendant has acquired the possession peaceably and in good faith, under color of title. Lessee of Fowler v. Whiteman
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  25. Drew v. Swift
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  26. N.Y. 204. And, in the language of the Supreme Court of Texas in Wilson v. Palmer
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  27. he cannot be said to have had even a constructive possession. To the same effect are the cases of Jackson v. Walker
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  28. Jackson v. Denn
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  29. Cowen 200. In Smith v. Lorillard
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  30. evidence of title appears on either side. There are many decisions of this court which look to this point. Jackson v. Hazen
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  31. Jackson v. Myers
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  32. Jackson v. Harder
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  33. In Jackson v. Rightmyre
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  34. Kent, delivering the opinion of the Court of Errors, speaks of the rule expressed by himself in the case of Smith v. Lorillard
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  35. accounted for, or the prior possessor will be deemed to have abandoned his claim to the possession. Thus, in Whitney v. Wright
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  36. of possession under it, would authorize a jury to find an abandonment of claim by the prior possessor. In Jackson v. Denn
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  37. U.S. Supreme Court Sabariego v. Maverick
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  38. of the United States v. Arredondo
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  39. King v. Picton
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  40. of Strother v. Lucas
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  41. of Mexico and Spain. Jones v. Muisbach
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  42. of Herron v. Dater
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  43. Carver v. Astor
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  44. of Alexandria v. Fairfax
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  45. Bradstreet v. Neptune
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  46. of Atwood v. Winterport
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  47. of Christy v. Scott
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  48. Jackson v. Boston
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  49. Allen v. Rivington
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  50. Catteris v. Cowper
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