Legal Opinion

Morton v. Nebraska

Supreme Court of the United States

Decided March 29, 1875No. 391PublishedCited by 52 opinions

Error to the Supreme Court of Nebraska. Morton sued certain tenants of the State of Nebraska in ejectment to recover three hundred and twenty acres of salt land — salines—in the said State; a State formed, as every reader of these volumes is aware, out of that vast region formerly known as the Territory of Louisiana and purchased in 1803 by us from France. The land in question was palpably saline, so incrusted with salt as to resemble snow-covered lakes.

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Error to the Supreme Court of Nebraska. Morton sued certain tenants of the State of Nebraska in ejectment to recover three hundred and twenty acres of salt land — salines—in the said State; a State formed, as every reader of these volumes is aware, out of that vast region formerly known as the Territory of Louisiana and purchased in 1803 by us from France. The land in question was palpably saline, so incrusted with salt as to resemble snow-covered lakes. The salines in question were noted on the field-books, but these notes were not transferred to the register’s general plats. The State…

1Opinion of the CourtJustice Davis

The policy of the government since the acquisition of the Northwest Territory and the inauguration of our land system, to reserve salt springs from sale, has been uniform. The aet of 18th May, 1796, ‡ the first to authorize a sale of the domain ceded by Virginia, is the basis of our present rectangular system of surveys. That act required every surveyor to note in his field-book the true situation of all mines, salt licks, and salt springs: and reserves for the future disposal of the United States a well-known salt spring on the Scioto River, and every other salt spring which should be…

2Cases cited2 opinions

  1. Polk's Lessee v. WendalSupreme Court of the United States · 1815
  2. SOULARD AND OTHERS v. United StatesSupreme Court of the United States · 1830

3Cited by52 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Crowell v. BensonSupreme Court of the United States · 1932
  3. Mahn v. HarwoodSupreme Court of the United States · 1884
  4. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  5. Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887

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