Ferrell v. United States
United States Court of Claims
On the Proofs. The Reporter’s statement of tfie case: The following are the facts of the case as found by the court: I. The claimant, Sanford Ferrell, is a citizen of the United States and a resident of Marion County, W. Va. In the year 1903, and for many years before, he was the owner of, in his own right,, and in possession of a tract of land containing about 8 acres, situated in Marion’ County, W. Va.
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On the Proofs. The Reporter’s statement of tfie case: The following are the facts of the case as found by the court: I. The claimant, Sanford Ferrell, is a citizen of the United States and a resident of Marion County, W. Va. In the year 1903, and for many years before, he was the owner of, in his own right,, and in possession of a tract of land containing about 8 acres, situated in Marion’ County, W. Va. The claimant’s creek bottom land was at that time in a good state of cultivation. II. Since late in 1903 the Government of the United States has been using the Monongahela River as a…
1Opinion of the Court
Pee. Curiam:
The construction of the lock and impounding of the water submerged about 1 acre of land, and was a “taking” thereof by the defendants, Lynah’s case, 188 U. S., 445, 468. Its value was $100. The claimant owned the land at the time of the taking, but subsequently sold and conveyed his land to a third party, describing it in his deed to that party by metes and bounds, which included his remaining land, and that which had been submerged and taken as well. The claimant’s grantee is not before the court, and the question is whether the claimant, in view of his conveyance, can maintain…
2Cases cited2 opinions
- United States v. LynahSupreme Court of the United States · 1903
- Birmingham Belt Ry. Co. v. LockwoodSupreme Court of Alabama · 1907
3Cited by11 opinions
- Aaron v. United StatesUnited States Court of Claims · 1963
- Lester B. Davis and Marjorie W. Davis v. United StatesUnited States Court of Claims · 1961
- Bailey v. United StatesUnited States Court of Federal Claims · 2007
- Banks v. United StatesUnited States Court of Federal Claims · 2009
- Davis v. United StatesUnited States Court of Claims · 1961
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