American Mortg. Co. of Scotland v. Hopper
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. Action by the American Mortgage Company, of Scotland, Limited, against Thomas R. Hopper and others, to recover land. From a judgment dismissing the bill (56 Fed. 67), complainant appeals.
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Appeal from the Circuit Court of the United States for the District of Oregon. Action by the American Mortgage Company, of Scotland, Limited, against Thomas R. Hopper and others, to recover land. From a judgment dismissing the bill (56 Fed. 67), complainant appeals. This is a suit instituted by appellant to have the appellees decreed to hold the legal title to the S. W. (4- of section 4. township 2 N., of range 81 14. of the Willamette meridian, acquired by him under a patent from the United States in trust for appellant, and to compel the appellees to convey to it such title, and to…
1Opinion of the CourtHawley, District Judge
(after stating tbe facts). 1. Preliminary to any consideration of this case upon its merits, it becomes necessary to notice the contention of appellant that, under the decisions of the circuit court of the United States for the district of Oregon, in Smith v. Ewing, 23 Fed. 741, and Wilson v. Fine, 40 Fed. 52, a rule of property has been established which it is the duty of this court to adhere to upon the doctrine of stare decisis, and that the judgment herein should be reversed upon this ground, without any review of the suit upon its merits. An adherence to the doctrine of stare de-cisis,…
2Cases cited32 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Shepley v. CowanSupreme Court of the United States · 1876
- Moore v. RobbinsSupreme Court of the United States · 1878
- Stark v. StarrsSupreme Court of the United States · 1868
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3Cited by24 opinions
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
- United States v. Detroit Timber & Lumber Co.Court of Appeals for the Eighth Circuit · 1904
- Standard Oil Co. of California v. United StatesCourt of Appeals for the Ninth Circuit · 1940
- United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
- Small v. LutzOregon Supreme Court · 1902
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