Scott v. Lattig
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. The facts, which involve the title to an island in a navigable river and whether it remained public land after the survey, are stated in the opinion. Public grants convey nothing by implication; they are to be strictly construed against the grantee, contrary to the usual policy of the law in the consideration of grants. Nothing passes by a public grant but that which is necessarily or expressly embraced in its terms.
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ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. The facts, which involve the title to an island in a navigable river and whether it remained public land after the survey, are stated in the opinion. Public grants convey nothing by implication; they are to be strictly construed against the grantee, contrary to the usual policy of the law in the consideration of grants. Nothing passes by a public grant but that which is necessarily or expressly embraced in its terms. United States v. Arredondo, 6 Pet. 691; Charles River Bridge v. Warren Bridge, 11 Pet. 420, 546; Shively v. Bowlby, 152 U. S. 1;…
1Opinion of the CourtJustice Van Devanter
This was a suit in the District Court of Canyon County, Idaho, to quiet the title to Poole Island in the Snake river. The plaintiff, Lattig, claimed the northern part by reason of his ownership of lands on the east bank of the river and rested his claim to the southern part upon adverse possession. One- of the defendants, Scott, claimed the entire island under the homestead law of the United States, and the other defendant, Green, claimed the southern part by reason of his ownership of lands on the east bank of the river, adjoining those of Lattig. Following a trial of the issues, a decree…
2Cases cited14 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Barney v. KeokukSupreme Court of the United States · 1877
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- County of St. Clair v. LovingstonSupreme Court of the United States · 1874
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3Cited by96 opinions
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- United States v. CressSupreme Court of the United States · 1917
- United States v. Holt State BankSupreme Court of the United States · 1926
- Oklahoma v. TexasSupreme Court of the United States · 1922
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