Lattig v. Scott
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District of the State of Idaho, for Canyon County. Hon. Ed L. Bryan, Judge. Action in ejectment. Judgment in favor of the plaintiff and the defendant Green, and against the defendant Scott. Defendant Scott appealed from the judgment and an order denying a motion for a new trial.
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APPEAL from the District Court of the Seventh Judicial District of the State of Idaho, for Canyon County. Hon. Ed L. Bryan, Judge. Action in ejectment. Judgment in favor of the plaintiff and the defendant Green, and against the defendant Scott. Defendant Scott appealed from the judgment and an order denying a motion for a new trial. Whenever the question in any court, state or federal, is whether the title to land which has once been the property of the United States has passed from the federal government, that question must be resolved by the laws of the United States. (Wilcox v. Jackson, 13…
1Opinion of the CourtAilshie, J.
(After stating the facts.) — The only question to be determined iñ this case is this: Did the United States convey this island to its grantees, Poole and Green, by the patents issued to them in 1894 and 1895 ? In answering this question there are some well-recognized rules it will be necessary to observe. It has been repeatedly held by the supreme court of the United States and is now the settled law of the land that the “grants by the United States of its public land bounded on streams and other waters, made without reservation or restriction, are to be construed as to their effect according…
Also in this document: Concurrence.
2Cases cited27 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Moore v. RobbinsSupreme Court of the United States · 1878
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Foster-Milburn Co. v. Knight, Chief JudgeCourt of Appeals for the Second Circuit · 1950
- Scott v. LattigSupreme Court of the United States · 1913
- Heckman Ranches, Inc. v. State Ex Rel. Department of Public LandsIdaho Supreme Court · 1979
- Smylie v. PearsallIdaho Supreme Court · 1969
- Callahan v. PriceIdaho Supreme Court · 1915
13 more not listed; retrieve them via the Exa API.