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Morris Vs. United States

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  • US Supreme Court
  • May 01, 1899

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  1. Shively Vs. Bowlby US Supreme Court · Mar 05, 1894
  2. De Vaughn Vs. Hutchinson US Supreme Court · Mar 01, 1897
  3. Barney Vs. Keokuk US Supreme Court · Jan 01, 1876
  4. Doolan Vs. Carr US Supreme Court · Nov 21, 1887
  5. Morris v. United
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  6. States - 174 U.S. 196 (1899) U.S. Supreme Court Morris v. United
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  7. States, 174 U.S. 196 (1899) Morris v. United
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  8. along the river west of Seventeenth Street West -- namely, squares 148, 129, 89, 63, 22, and square south of square 12. v. The
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  9. it is based has been heretofore adversely decided by this Court in several leading and well considered cases. Martin v. Waddell
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  10. Den v. Jersey
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  11. second that the law of Maryland, if the sole rule of decision, is to the effect claimed. In the argument in Martin v. Waddell
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  12. the decision of the Supreme Court of New Jersey in the case of Arnold v. Mundy
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  13. The subject is barely adverted to in Shively v. Bowlby
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  14. where, referring to the case of Martin v. Waddell
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  15. This Court, following, though not resting wholly upon, the decision of the Supreme Court of New Jersey in Arnold v. Mundy
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  16. The argument to the contrary, as respects the decisions of the courts of Maryland, depends on the case of Browne v. Kennedy
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  17. in the present case, we shall consider in a subsequent part of this opinion. The case of Fairfax's Devisee v. Hunter's
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  18. it is not easy to see why it may not be subjected to forfeiture and confiscation. Indeed, it was held in Martin v. Waddell
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  19. that lands under navigable waters were subject to an action of ejectment. And in the case of Lowndes v. Huntington
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  20. learned counsel for the appellants in support of these contentions, it is sufficient to refer to the case of Smith v. Maryland
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  21. natural and primary uses are public in their nature, for highways of navigation and commerce. In the case of State v. Pacific
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  22. In the case of Allegheny City v. Reed
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  23. In Illinois Central Railroad v. Illinois
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  24. of Congress to control their navigation so far as may be necessary for the regulation of commerce. In Shively v. Bowlby
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  25. U.S. 152 U. S. 57 . In Mann v. Tacoma
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  26. As against these principles and these decisions, the claimants under the patent cite and rely on the case of Browne v. Kennedy
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  27. application here. But we are bound to concede that the Court of Appeals, in the subsequent case of Wilson v. Inloes
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  28. G. & J. 352, has interpreted Browne v. Kennedy
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  29. office attached to the land and gave a right of possession when the waters ceased to exist. The decision in Browne v. Kennedy
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  30. and applied both during the colonial times and under the state prior to the cession. Thus, in Proprietary v. Jennings
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  31. it had been illegally obtained, and the case clearly indicates that land under tidewater was not patentable. Smith v. State
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  32. T he decree vacating the patent was affirmed. In the footnotes to Baltimore v. McKim
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  33. Bland 468, the Page 174 U. S. 240 cases of Fowler v. Goodwin
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  34. and Ritchie v. Sample
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  35. are referred to. In Fowler v. Goodwin
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  36. refused to direct a patent to issue because a large part of the land lay in the waters of Bell's Cove. In Ritchie v. Sample
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  37. the limits of the District of Columbia, since the legislative power has become vested in the United States. Ould v. Washington
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  38. Russell v. Allen
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  39. This decision was adopted, and the opinion approved, by this Court in the case of Shoemaker v. United
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  40. to those claiming under it as against the demands of the government. As was said by this Court in Smelting Co. v. Kemp
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  41. Similar views were expressed in Doolan v. Carr
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  42. defendants, they were not, we think, entitled to a decree for a return of the purchase money, or for costs. Piersoll v. Elliott
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  43. Birmingham v. Anderson
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  44. Front Street and the Ohio River was set apart as a common for the use and benefit of the town forever. Cincinnati v. White
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  45. Barclay v. Howell's
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  46. New Orleans v. United
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  47. Rowan's Executors v. Portland
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  48. Van Ness v. Washington
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  49. Pet. 284. In Potomac Steamboat Co. v. Upper
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  50. of Congress and ordinances of the city authorities, and these questions found their way into the courts. Van Ness v. Washington
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