Moran v. Horsky
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA. The facts iu this case are as follows; On June 15, 1872, a patent was issued to the probate judge of Lewis and Clarke County, Montana Territory, for.the townsite of Helena, in trust for the benefit of the occupants.
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ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA. The facts iu this case are as follows; On June 15, 1872, a patent was issued to the probate judge of Lewis and Clarke County, Montana Territory, for.the townsite of Helena, in trust for the benefit of the occupants. In 1874 Joseph Horsky, Jr., the plaintiff below, defendant in error, became by purchases from prior occup'ants and conveyances from the probate judge the holder of the legal title to certain lots, shown on the plat of the town. He entered into occupation at the date of his purchase, and has been in,undisturbed and peaceful…
1Opinion of the CourtJustice Brewer
The Supreme Court of the State affirmed the decree of the trial court primarily on the ground of laches. If this be an independent ground, involving no question under the Federal statutes, the decision of the Supreme Court must be sustained and the writ of error dismissed. Eustis v. Bolles, 150 U. S. 361.
Indeed, if the matter of laches can be recognized at all, it is difficult, independently of the question of jurisdiction, to perceive any error in the ruling of the state Supreme- Court. One who, having ah inchoate right to property, abandons it for fourteen years, permits others to acquire…
2Cases cited12 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Gibson v. ChouteauSupreme Court of the United States · 1872
- United States v. SchurzSupreme Court of the United States · 1880
- United States v. BeebeSupreme Court of the United States · 1888
- Deffeback v. HawkeSupreme Court of the United States · 1885
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3Cited by35 opinions
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- Montgomery v. First National BankMontana Supreme Court · 1943
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