Legal Opinion

Shaw v. Kellogg

Supreme Court of the United States

Decided May 2, 1898No. 154PublishedCited by 54 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action of ejectment brought in the Circuit Court of the United States for the District of Colorado on July 3, 1893, to recover possession of a certain tract in Saguache' County, in the State of Colorado, described as follows: “ Section twenty-two (22), township one (1) north, one (1) east, according to the plat of said Baca Grant No. 4, as filed and recorded in the office of the county clerk and…

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action of ejectment brought in the Circuit Court of the United States for the District of Colorado on July 3, 1893, to recover possession of a certain tract in Saguache' County, in the State of Colorado, described as follows: “ Section twenty-two (22), township one (1) north, one (1) east, according to the plat of said Baca Grant No. 4, as filed and recorded in the office of the county clerk and recorder of said Saguache County, and including in said section twenty-two certain mineral bearing property designated by…

1Opinion of the Court

Mr. Justice Brewer,

after stating .the case, delivered the opinion of the court.

In 1860, in settlement of a claim under a Mexican grant to land in the vicinity of Las Yegas, Congress passed an act giving to the claimants an equal amount of land, to be by them selected elsewhere in the Territory of New Mexico, stipulating that the land should be vacant and non-mineral and should be located within three years in square bodies not exceeding five in number. Within the three years they selected and located the tract in question as one fifth of the land to which they were thus entitled. They applied…

2Cases cited12 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Maxwell Land-Grant CaseSupreme Court of the United States · 1887
  3. Deffeback v. HawkeSupreme Court of the United States · 1885
  4. Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
  5. Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887

7 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Pueblo of Jemez v. United StatesCourt of Appeals for the Tenth Circuit · 2015
  2. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  3. Watt v. Western Nuclear, Inc.Supreme Court of the United States · 1983
  4. American Water Development, Inc. v. City of AlamosaSupreme Court of Colorado · 1994
  5. Wyoming v. United StatesSupreme Court of the United States · 1921

49 more not listed; retrieve them via the Exa API.

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