Michigan Land & Lumber Co. v. Rust
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. This was an action- of ejectment commenced in the Circuit Court of the United States for the Eastern District of Michigan on February .11, 1888. On November 28, 1892, the case came on for trial before the court and a jury. At the close of the testimony the jury, under the instructions of the court, returned a verdict for the defendants.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. This was an action- of ejectment commenced in the Circuit Court of the United States for the Eastern District of Michigan on February .11, 1888. On November 28, 1892, the case came on for trial before the court and a jury. At the close of the testimony the jury, under the instructions of the court, returned a verdict for the defendants. On May 7, 1895, this judgment was affirmed by the Court of Appeals, 31 U. S. App. 731, and to review such judgment the case was brought her.e on writ of error. The land in dispute is situated in…
1Opinion of the Court
Me. Justice Béeweb,
after stating the case, delivered the opinion of the court.
This case involves questions of the power of the land department over the matter of the identification of the particular lands passing under the swamp land act of 1850, of the finality of the action of the Secretary of the Interior in approving and certifying to. the Governor of the State a list of such lands, and of the effect of the confirmatory act of 1857. There is no testimony showing what was in fact the condition of the land, whether swamp or not, at the time of the passage of the act of 1850, and the case…
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