Legal Opinion

Howard v. Perrin

Supreme Court of the United States

Decided January 2, 1906No. 110PublishedCited by 21 opinions

APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This action was commenced on. July 13, 1898, in the District Court, of Coconino County, Arizona, to recover possession of a quarter section of land, together with damages for it^ detention. The defendant, in addition to the denials in his answer of plaintiff’s title, filed a cross complaint, praying a decree, in his favor, on account of certain alleged water rights.

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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This action was commenced on. July 13, 1898, in the District Court, of Coconino County, Arizona, to recover possession of a quarter section of land, together with damages for it^ detention. The defendant, in addition to the denials in his answer of plaintiff’s title, filed a cross complaint, praying a decree, in his favor, on account of certain alleged water rights. A trial resulted in a judgment for plaintiff, which was affirmed by the Supreme Court of the Territory, to review which judgment this appeal was taken. A statement of…

1Opinion of the CourtJustice Brewer

The statement of facts discloses a title in the plaintiff (now appellee) sufficient to sustain the judgment for the recovery of possession, although no patent had been issued. Deseret Salt Company v. Tarpey, 142 U. S. 241.

The certified copy of the records and papers in the General Land Office was competent evidence. Rev. Stat. §891. This section determines the question of competency but not of materiality. Some of the letters between the officials of the railroad company may not have been material, but there was nothing in them prejudicial. The certificate of the local land officers was…

2Cases cited4 opinions

  1. Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
  2. Deseret Salt Co. v. TarpeySupreme Court of the United States · 1891
  3. Toltec Ranch Co. v. CookSupreme Court of the United States · 1903
  4. Corinne Mill Canal & Stock Co. v. JohnsonSupreme Court of the United States · 1895

3Cited by21 opinions

  1. Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
  2. State Ex Rel. Bliss v. DorityNew Mexico Supreme Court · 1950
  3. Bower v. Big Horn Canal Ass'n.Wyoming Supreme Court · 1957
  4. England v. Ally Ong HingArizona Supreme Court · 1969
  5. Fourzan v. CurtisArizona Supreme Court · 1934

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