Legal Opinion

McCune v. Essig

Supreme Court of the United States

Decided November 27, 1905No. 61PublishedCited by 79 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts are stated in the opinion. If this court has jurisdiction of this case, then it must determine all cases where the United States was the grantor, and a controversy arises as to beneficial interests. It has not been the policy of this court to determine questions involving the beneficial or equitable title to real estate, although the title had been acquired from the United States.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts are stated in the opinion. If this court has jurisdiction of this case, then it must determine all cases where the United States was the grantor, and a controversy arises as to beneficial interests. It has not been the policy of this court to determine questions involving the beneficial or equitable title to real estate, although the title had been acquired from the United States. Blackburn v. Portland Gold Mining Co., 175 U. S. 571. As to the laws of Washington making this land community property, see §§4488-4491, 4621…

1Opinion of the Court

Mr.' Justice McKenna

delivered the opinion of the court.

Suit in equity to establish title in appellant to an undivided one-half of northwest quarter of section 6,. township 25 north, range 30 east, Washington meridian 2, and for accounting of rents and profits and for partition between appellant and appellees.

It was originally brought in the Superior Court in and for Lincoln County in the State of Washington. A demurrer was filed to the amended complaint and a petition to remove the suit to the Circuit Court for the District of Washington, Eastern Division, on the ground-that the suit involved…

2Cases cited5 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Bernier v. BernierSupreme Court of the United States · 1893
  3. Hall v. RussellSupreme Court of the United States · 1880
  4. Hutchinson Investment Co. v. CaldwellSupreme Court of the United States · 1894
  5. Hoadley v. San FranciscoSupreme Court of the United States · 1876

3Cited by79 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  3. Boggs v. BoggsSupreme Court of the United States · 1997
  4. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  5. Ridgway v. RidgwaySupreme Court of the United States · 1981

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