California Ex Rel. Hastings v. Jackson
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF CALIFORNIA. This tías a suit' brought by the State of California, at the instance of S. C. Hastings, to set aside a patent of the State granting the south half of sec. 14, T. 5-N., R. 1 ~W., to A. P. Jackson.
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IN ERROR TO THE SUPREME COURT OF CALIFORNIA. This tías a suit' brought by the State of California, at the instance of S. C. Hastings, to set aside a patent of the State granting the south half of sec. 14, T. 5-N., R. 1 ~W., to A. P. Jackson. The lands were part of the 500,000 acres which went to California on its admission into the Union, September 9, .1850 (9 Stat. 452, ch. 50), under the provisions of the act of September 1, 1841, ch. 16, § 8, 5 Stat. 455. By that act the lands granted were to be selected by the State in such manner as the legislature thereof should direct, and by the…
1Opinion of the CourtChief Justice Waite
The first question which presents itself on this record is as to our jurisdiction.. The suit, although in form by the State to cancel its patent to Jackson, was in reality between Hastings and Jackson to determine which of the two had in equity the better right to the land in controversy by reason of the locations of school warrants under which they respectively claimed. There was no dispute about the grant from the United States to the State. That was conceded, and both parties claimed under it. The controversy related only to the alleged conflicting grants of the State. Hastings claimed…
2Cases cited2 opinions
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- MacE v. MerrillSupreme Court of the United States · 1887
- Adair v. Lease Partners, Inc.Court of Appeals for the Fifth Circuit · 2009