Thurston v. Bishop

Opinion of the Court, by

Judd, C.J. Mr. Justice Dole, Dissenting.

This action was brought at the April Term, 1888, of this Court. The jury was waived, and the case heard by Mr. Justice Dole in vacation, by consent of parties. The following is the decision of the Court rendered on the 24th July:

“This is a suit in ejectment in which the plaintiff claims for the Government the Ili of Opu, on the ground ‘tha.t it has never been and is not now awarded, patented, granted or leased under or by virtue of any land award, royal patent or Government grant or lease, and that by the law applicable in such…