Ely v. New Mexico & Arizona Railroad
Supreme Court of the United States
APPEAR FROM THE SUPREME COURT OF THE TERRITORY’ OF ARIZONA. Tuts was a complaint, filed in a district court of the Territory of Arizona and county of Pima, by Frank Ely against the New Mexico and Arizona Railroad Company and several individuals, alleging that the “ plaintiff is the owner in fee of all that piece or parcel of land granted by the Mexican authorities to Leon Herreros on May 15,1825,” called the Rancho San José de Sonoita, situated in the Sonoita Yalley in the…
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APPEAR FROM THE SUPREME COURT OF THE TERRITORY’ OF ARIZONA. Tuts was a complaint, filed in a district court of the Territory of Arizona and county of Pima, by Frank Ely against the New Mexico and Arizona Railroad Company and several individuals, alleging that the “ plaintiff is the owner in fee of all that piece or parcel of land granted by the Mexican authorities to Leon Herreros on May 15,1825,” called the Rancho San José de Sonoita, situated in the Sonoita Yalley in the county aforesaid, and more particularly described and bounded in the complaint, according to the calls of a survey made…
1Opinion of the CourtJustice Gray
The judgment of the Supreme Court of the Territory of Arizona in favor of the defendants, upon their demurrer to the complaint, proceeded upon the ground that the action must be treated as a suit in equity only, and t.hat the complaint made out no case for equitable relief, and therefore could not be maintained under the opinions of this court in Holland v. Challen, 110 ,U. S. 15, 25, and Frost v. Spitley, 121 U. S. 552, 557. See also More v. Steinbach, 127 U. S. 70. But each of those cases came from a Circuit Court of the United States, in which the distinction between actions at law and…
2Cases cited6 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Frost v. SpitleySupreme Court of the United States · 1887
- Hornbuckle v. ToombsSupreme Court of the United States · 1874
- More v. SteinbachSupreme Court of the United States · 1888
- Davis v. BilslandSupreme Court of the United States · 1874
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3Cited by55 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- Wall v. MagnesSupreme Court of Colorado · 1892
- Ziska v. AveySupreme Court of Oklahoma · 1912
- Cameron v. United StatesSupreme Court of the United States · 1893
50 more not listed; retrieve them via the Exa API.