Court : US Supreme Court
Decided on : Dec-12-1904
Humbird v. Avery - 195 U.S. 480 (1904) U.S. Supreme Court Humbird v. Avery, 195 U.S. 480 (1904) Humbird v. Avery No. 7 Argued October 23, 26,1903 Decided December 12, 1904 195 U.S. 480 CERTIFICATE FROM AND ORDER TO THE CIRCUIT COURT OF APEALS FOR THE EIGHTH CIRCUIT Syllabus The act of Congress of July 1, 1898, 30 Stat. 597, 620, c. 546, relating to the land grant to the Northern Pacific Railroad Company, construed. Held, 1. That the act embraces land patented as well as unpatented, to which the right of the grantee or its lawful successor is claimed to have attached by definite location or selection, and which has been purchased directly from the United States or settled upon or claimed in good faith by any qualified settler under color of title or claim of right under any law of the United States or any ruling of the Interior Department. 2. The words in that act providing that the railroad grantee or its successor in interest "shall not be bound to relinquish lands sol...
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Decided on : Feb-01-1904
United States v. California & Oregon Land Co. - 192 U.S. 355 (1904) U.S. Supreme Court United States v. California & Oregon Land Co., 192 U.S. 355 (1904) United States v. California & Oregon Land Company Nos. 4-5 Argued March 14, 17, 1902 Reargued December 9, 10, 1902 Reargued January 5-7, 1904 Decided February 1, 1904 192 U.S. 355 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON Syllabus A decree rendered upon a bill in equity brought under the Act of March 2, 1889, 25 Stat. 850, to have patents for land declared void as forfeited and to establish the title of the United States to the land is a bar to a subsequent bill brought against the same defendants to recover the same land on the ground that it was excepted from the original grant as an Indian reservation. As a general rule, a party asserting a right to suit is barred by a judgment or decree upon the merits as to all media concludendi or grounds for asserting the right known when th...
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Decided on : May-31-1904
Knepper v. Sands - 194 U.S. 476 (1904) U.S. Supreme Court Knepper v. Sands, 194 U.S. 476 (1904) Knepper v. Sands No. 233 Submitted April 19, 1904 Decided May 31, 1904 194 U.S. 476 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Section 4 of the Act of March 3, 1887, 24 Stat. 556, for the adjustment of forfeited railroad grants providing for issuing patents under the conditions specified for lands sold by the grantee company to purchasers in good faith, has no reference to any unearned lands purchased after the date of the act from a company to which they had never been certified or patented, although such company might have acquired an interest in them had it completed its road. Nor can one who purchased unearned Page 194 U. S. 477 lands from a grantee company whose grant was made by Congress through the state in which its road was to be built be regarded as a purchaser in good faith within the meaning of the act of 1887, when the purchase wa...
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Decided on : Feb-23-1904
United States ex Rel. Steinmetz v. Allen - 192 U.S. 543 (1904) U.S. Supreme Court United States ex Rel. Steinmetz v. Allen, 192 U.S. 543 (1904) United States ex Rel. Steinmetz v. Allen No. 383 Argued January 12-13, 1901 Decided February 23, 1904 192 U.S. 543 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus A rule of practice in the Patent Office, when established by the Commissioner of Patents under 483, Rev.Stat., constitutes, in part, the powers of the primary examiner and the Commissioner, and becomes to those officers an authority under the United States, and this Court has jurisdiction under 8 of the Act of February 9, 1893, to review a final judgment of the Court of Appeals of the District of Columbia where the plaintiff in error assails the validity of such a rule. Section 4886, Rev.Stat., gives a right, which is a substantial one, to join inventions which are related to each other in one patent, and this right cannot be denied by a hard and fixe...
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Decided on : Feb-23-1904
United States v. Northern Pacific R. Co. - 193 U.S. 1 (1904) U.S. Supreme Court United States v. Northern Pacific R. Co., 193 U.S. 1 (1904) United States v. Northern Pacific Railroad Company No. 196 Argued January 5, 1904 Decided February 23, 1904 193 U.S. 1 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Act of July 2, 1864, granting lands to the Northern Pacific Railroad Company, did not take any lands out of the disposition of Congress until the line of the road was definitely located by maps duly required by the act, and it has been decided by this Court that the Perham map of 1865, even if valid as a map of general route, did not operate as a reservation. When Congress, by resolution of May 31, 1870, made an additional grant to the Northern Pacific Railroad Company for a branch road to Puget Sound via the valley of the Columbia, the United States still had full title not reserved, granted, sold or otherwise appropriated to the lands of th...
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Decided on : Nov-28-1904
The Blackheath - 195 U.S. 361 (1904) U.S. Supreme Court The Blackheath, 195 U.S. 361 (1904) The Blackheath No. 34 Argued October 31, 1904 Decided November 28, 1904 195 U.S. 361 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ALABAMA Syllabus Admiralty has jurisdiction of a libel in rem against a vessel for the damages caused by its negligently running into a beacon in a channel, although the beacon is attached to the bottom. The facts are stated in the opinion. Page 195 U. S. 364 MR. JUSTICE HOLMES delivered the opinion of the Court. This is an appeal from the district court on the question of jurisdiction, which is certified. The case is a libel in rem against a British vessel for the destruction of a beacon -- Number 7, Mobile ship-channel lights -- caused by the alleged negligent running into the beacon by the vessel. The beacon stood fifteen or twenty feet from the channel of Mobile River or Bay, in water twelve or fifteen feet ...
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Decided on : Dec-12-1904
United States v. Chicago, M. & St.P. Ry. Co. - 195 U.S. 524 (1904) U.S. Supreme Court United States v. Chicago, M. & St.P. Ry. Co., 195 U.S. 524 (1904) United States v. Chicago, Milwaukee and St. Paul Railway Company No. 64 Submitted November 4, 1904 Decided December 12, 1904 195 U.S. 524 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Where it does not appear that one claiming to have entered land prior to its withdrawal under a land grant act had done all that was possible to perfect his entry and had either taken possession or otherwise not acquiesced in the decision, the attempted entry is not sufficient to take the land from jurisdiction of the Secretary of the Interior so as to prevent him from certifying it under the grant as unappropriated lands of the United States. Under the acts of 1887, 24 Stat. 556, and 1896, 29 Stat. 42, the title of one who holds under the railway company as a bona fide purchaser and is in actual ignorance of any ...
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