United States v. California & Oregon Land Co.
Supreme Court of the United States
APPEAL PROM THE UNITED STATES CIRCUIT. COURT OF APPEALS FOR THE NINTH CIRCUIT. On-July 2, 1864, Congress passed an-act granting lands to the State of Oregon to aid in the construction of a military road from Eugene City to the eastern boundary of the State. 13 Stát. 355, c. 213. A proviso to the first and granting section was: “ That the lands hereby granted shall be exclusively applied in the construction of said road, and shall be disposed of only as the work progresses;…
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APPEAL PROM THE UNITED STATES CIRCUIT. COURT OF APPEALS FOR THE NINTH CIRCUIT. On-July 2, 1864, Congress passed an-act granting lands to the State of Oregon to aid in the construction of a military road from Eugene City to the eastern boundary of the State. 13 Stát. 355, c. 213. A proviso to the first and granting section was: “ That the lands hereby granted shall be exclusively applied in the construction of said road, and shall be disposed of only as the work progresses; and the same shall be applied to no other purpose whatever.” The third and fourth sections read : ■“ Sec. 3. And be it…
1Opinion of the CourtJustice Brewer
The burden of complaint in this case is, that the Circuit Court erred in restricting the scope of the inquiry. The government sought to introduce testimony to show that the road was never in fact constructed, as required by the act of Congress; and also that the certificates of the governors, made as provided by section 4 of the act of 1864, were obtained by fraud and misrepresentation, as' averred, in the bill. But all of this testimony was excluded, and the inquiry limited to the single question whether the Land Company was a Iona fide purchaser.
The first plea of the Land Company recited…
2Cases cited32 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
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3Cited by114 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
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- United States v. Klamath & Moadoc Tribes of IndiansSupreme Court of the United States · 1938
- Oregon Department of Fish & Wildlife v. Klamath Indian TribeSupreme Court of the United States · 1985
- United States v. Winona & St. Peter RailroadSupreme Court of the United States · 1897
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