Legal Opinion · Dissent

Eyster v. Gaff

Supreme Court of Colorado

Decided February 15, 1873Published

Appeal from District Court, Arapahoe County. Aw act of congress, passed on the 23d of May, 1844 (5 Stat. at Large, 657), authorized the entry of lands of the public domain whereon should be situated any town, by certain officials named, “intrust for several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under…

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Appeal from District Court, Arapahoe County. Aw act of congress, passed on the 23d of May, 1844 (5 Stat. at Large, 657), authorized the entry of lands of the public domain whereon should be situated any town, by certain officials named, “intrust for several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such rules and regulations as may be prescribed by the legislative authority of the State or territory in which the same…

1DissentBeleord, J.

When I have the misfortune to differ from this court, I would, under ordinary circumstances, silently acquiesce in its opinion. It is well known to the profession that this court unanimously voted to reverse this judgment at the last term. Since that time I find that my associates have changed ground. My convictions have, however, undergone no modification. They may be mistaken and unwarranted, but still they are sincerely entertained, and should not be abandoned simply because others have received a degree of judicial illumination, which thus far has failed to enlighten my path. And inasmuch…

2Cases cited18 opinions

  1. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  2. Wiswall v. SampsonSupreme Court of the United States · 1853
  3. Ex Parte City BankSupreme Court of the United States · 1844
  4. Sedgwick v. ClevelandNew York Court of Chancery · 1838
  5. Willard v. NorrisSupreme Court of Pennsylvania · 1829

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