Court : US Supreme Court
Decided on : Mar-11-1901
Mitchell v. Furman - 180 U.S. 402 (1901) U.S. Supreme Court Mitchell v. Furman, 180 U.S. 402 (1901) Mitchell v. Furman No. 23 Argued October 17-18, 1900 Decided March 11, 1901 180 U.S. 402 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF FLORIDA Syllabus The record considered, it is held that the jurisdiction of this Court on a direct appeal from the circuit court may be maintained on the ground that the construction of a treaty made under authority of the United States was drawn in question. This was a bill to remove clouds on title, and rested on appellees' alleged legal title under a Spanish grant, and cannot be sustained because the title set up was not absolutely complete and perfect prior to the treaty between the United States and Spain. As the grant needed confirmation, and had never received it, it could not be treated as constituting absolute legal title. Even grants of land in Florida which were in fact complete and perfect prior ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-07-1901
Hewitt v. Schultz - 180 U.S. 139 (1901) U.S. Supreme Court Hewitt v. Schultz, 180 U.S. 139 (1901) Hewitt v. Schultz No. 34 Argued October 15-16, 1900 Decided January 7, 1901 180 U.S. 139 ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA Syllabus The controlling question in this case is whether it was competent for the Secretary of the Interior, upon receiving and approving of the map of the definite location of the Northern Pacific Railroad, to make the order of withdrawal stated by the court in its opinion in respect of the odd-numbered sections of land within the indemnity limits -- that is, of lands between the forty-mile and fifty-mile limits. In 1888, Secretary Vilas, in an elaborate opinion, held that the Northern Pacific Act forbade the Land Department to withdraw from the operation of the preemption and homestead laws any lands within the indemnity limits of the grant made by the Act of July 2, 1884, 13 Stat. 365, c. 217, and that, until a valid selection by t...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-07-1901
Moore v. Cormode - 180 U.S. 167 (1901) U.S. Supreme Court Moore v. Cormode, 180 U.S. 167 (1901) Moore v. Cormode No. 49 Argued October 15-16, 1900 Decided January 7, 1901 180 U.S. 167 ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Syllabus Hewitt v. Schultz, ante, 180 U. S. 139 , followed in regard to the construction of the Act of July 2, 1884, c. 217, to be observed in the administration of the grant of public lands to the Northern Pacific Railroad Company. This action was commenced in the Superior Court of the State of Washington for Garfield County. From an amended complaint filed by Moore, now plaintiff in error, it appears that, on December 12, 1883, the Northern Pacific Railroad Company, under authority of the Act of Congress of July 2, 1864, 13 Stat. 365, c. 217, granting lands to aid in the construction of its road, selected, under the direction of the Secretary of the Interior, the northwest quarter of section 3, in township 13 north, of range 42 east, W...
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