Atherton v. Fowler
Supreme Court of the United States
Motion to dismiss a writ, of error to the Supreme Court of the State of California. This is an action of replevin, brought in the District Court for- the Fourth Judicial District of the State of California, to recover certain hay cut from lands in Solano County, to which the plaintiffs claimed title in consequence of rights alleged to have been acquired under an aqt of Congress entitled “ An act to grant the right of pre-emption to certain purchasers on the ‘Soscol Ranch,’…
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Motion to dismiss a writ, of error to the Supreme Court of the State of California. This is an action of replevin, brought in the District Court for- the Fourth Judicial District of the State of California, to recover certain hay cut from lands in Solano County, to which the plaintiffs claimed title in consequence of rights alleged to have been acquired under an aqt of Congress entitled “ An act to grant the right of pre-emption to certain purchasers on the ‘Soscol Ranch,’ in the State of California,” approved March 3, 1863.- 12 Stat. 808. The plaintiff having died pendente lite, his…
1Opinion of the CourtChief Justice Waite
The plaintiffs in error claimed title to the hay in controversy in this case in consequence of alleged rights acquired under the act of Congress, passed March .3, 1863, entitled “ An act to grant the right of pre-emption to certain purchasers on the ‘ Soscol Ranch,’ in the State of California.” 12 Stat. 808. The decision of the State court was against their title. This presents a question within the jurisdiction of this court.
The'judgment of the Supreme Court is the final judgment in the suit, within, the meaning of the act of Congress. Rev. Stat. 709. It reversed and modified the judgment…
2Cases cited5 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Gelston v. HoytSupreme Court of the United States · 1818
- Webster v. ReidSupreme Court of the United States · 1851
- Hunt v. PalaoSupreme Court of the United States · 1846
- McGuire v. CommonwealthSupreme Court of the United States · 1866
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- Hodges v. SnyderSupreme Court of the United States · 1923
- Van Huffel v. HarkelrodeSupreme Court of the United States · 1931
- Lee v. JohnsonSupreme Court of the United States · 1885
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