Legal Opinion

Heath v. Wallace

Supreme Court of the United States

Decided March 2, 1891No. 528PublishedCited by 91 opinions

ERROR TO THE SUPREME COURT OE THE STATE OE CALIFORNIA. The federal question is stated in the opinion of the court.

1Opinion of the CourtJustice Lamar

This was an action of ejectment in one of the state courts of California, to recover the possession of a tract of one hundred and sixty acres .of land in San Joaquin County in that State, particularly described as the northwest quarter of section 23, township 3 north, range 7 east, Mount Diablo base and meridian.

The plaintiff below, who is also the plaintiff in error, set up a title derived from the State, claiming that the land was a part of its swamp land grant; under the act of September 28, 1850, as confirmed by the act of July 23, 1866. The defendant filed a general denial, and claimed…

2Cases cited9 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Johnson v. TowsleySupreme Court of the United States · 1871
  3. Jones v. United StatesSupreme Court of the United States · 1890
  4. United States v. MooreSupreme Court of the United States · 1878
  5. Steel v. Smelting Co.Supreme Court of the United States · 1882

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3Cited by91 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
  3. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  4. Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
  5. Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896

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