Legal Opinion

New Orleans v. Paine

Supreme Court of the United States

Decided January 16, 1893No. 1,154PublishedCited by 46 opinions

APPEAL FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. . This was a bill in equity filed in the Circuit Court for the Eastern District of Louisiana, by the city of New Orleans, suing as residuary legatee under the will of John McDonough, deceased, against the- deputy surveyor general of the United States for the State of Louisiana, to enjoin him from surveying and locating a new back line or rear boundary of a French grant, and .-from dividing into…

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APPEAL FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. . This was a bill in equity filed in the Circuit Court for the Eastern District of Louisiana, by the city of New Orleans, suing as residuary legatee under the will of John McDonough, deceased, against the- deputy surveyor general of the United States for the State of Louisiana, to enjoin him from surveying and locating a new back line or rear boundary of a French grant, and .-from dividing into sections lands alleged to belong to the plaintiff north of, and contiguous to, such new back line. The grant in question…

1Opinion of the CourtJustice Brown

This case turns upon the power of the court to enjoin the action Of an Officer of the Land Department in relocating. the boundaries of a. land grant; and an injunction is demanded upon- the theory that a former survey of the same line had been examined, approved and paid fpr, and that' the rights of the plaintiff to the lands included in such survey had thereby become vested. ■ "

In Noble v. Union River Logging Railroad, decided at the present term, {ante 165,) we had occasion to examine the question as to when a court was authorized to interfere by injunction with the action of the Head of a…

2Cases cited4 opinions

  1. United States v. StoneSupreme Court of the United States · 1865
  2. Gaines v. ThompsonSupreme Court of the United States · 1869
  3. Edward P. Fourniquet and Wife, and Martin W. Ewing and Wife v. John PerkinsSupreme Court of the United States · 1854
  4. Stotesbury v. United StatesSupreme Court of the United States · 1892

3Cited by46 opinions

  1. Wilbur v. United States Ex Rel. KadrieSupreme Court of the United States · 1930
  2. Tutun v. United StatesSupreme Court of the United States · 1926
  3. Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
  4. Oregon v. HitchcockSupreme Court of the United States · 1906
  5. Cruickshank v. BidwellSupreme Court of the United States · 1900

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