Ely Real Estate & Investment Co. v. Watts
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Arizona; William H. Sawtelle, Judge. Suit in equity by Cornelius C. Watts and Dabney C. T. Davis, J’r., against the Ely Real Estate & Investment Company. From a decree for complainants (254 Fed. 862), defendant appeals.
1Opinion of the Court
GILBERT, Circuit Judge.
In June, 1860, Congress passed an act (12 Stat. 71, c. 167), granting to the heirs of Luis Maria Cabeza de Baca the right to select lands in the public domain in lieu of the Las Vegas grant, which they claimed to own. The act provided that the heirs of Baca might select “an equal quantity of vacant land, not mineral,” in the territory of New Mexico, to be located by them in square bodies not exceeding five in number. In 1863 the Baca heirs made selection of the tract now known as “Baca Float No. 3.” In 1864 the Commissioner of the General I,and Office approved the…
2Cases cited12 opinions
- Henshaw v. BissellSupreme Court of the United States · 1874
- Beard v. FederySupreme Court of the United States · 1866
- Teschemacher v. ThompsonCalifornia Supreme Court · 1861
- Interstate Land Co. v. Maxwell Land Grant Co.Supreme Court of the United States · 1891
- Ely's Administrator v. United StatesSupreme Court of the United States · 1898
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3Cited by3 opinions
- American Water Development, Inc. v. City of AlamosaSupreme Court of Colorado · 1994
- Board of Trustees of Anton Chico Land Grant v. BrownNew Mexico Supreme Court · 1928
- Blue v. McKayDistrict Court, District of Columbia · 1955