Legal Opinion

Maxwell Land-Grant Case

Supreme Court of the United States

Decided May 27, 1887No. 974PublishedCited by 24 opinions

APPEAL FROM TIIE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was a petition for a rehearing of the case, the decision of which was announced April 18, 1887, and is reported at 121 U. S. 325. The petition and brief in support of it were as follows: “SUPREME COURT OF THE UNITED STATES. “October Term, 1886. “ The United States, Appellant, The Maxwell Land-Grant Company and Others. No. 974 “MOTION.

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APPEAL FROM TIIE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was a petition for a rehearing of the case, the decision of which was announced April 18, 1887, and is reported at 121 U. S. 325. The petition and brief in support of it were as follows: “SUPREME COURT OF THE UNITED STATES. “October Term, 1886. “ The United States, Appellant, The Maxwell Land-Grant Company and Others. No. 974 “MOTION. “ And now comes the United States, appellant, and moves the court to allow a rehearing of the cause above entitled-upon the grounds stated in a brief herewith filed. BRIEF IN…

1Opinion of the CourtJustice Miller

A petition for a rehearing has been filed in this case, and on account of its importance, as well as the interest in it manifested by the Department of the Interior, we have considered the petition very fully, and, departing froih our usual custom, make some response to its suggestions.

The first ground on which a rehearing is asked is, that this court was in error in treating the grant to Beaubien and Miranda as an empresario grant, upon which alleged-mistake it is .asserted that the decision of the court turned. The error, however, is in the assumption in the petition that the decision of…

2Cases cited2 opinions

  1. Maxwell Land-Grant CaseSupreme Court of the United States · 1887
  2. Tameling v. United States Freehold and Emigration Co.Supreme Court of the United States · 1877

3Cited by24 opinions

  1. Russell v. Maxwell Land Grant Co.Supreme Court of the United States · 1895
  2. Astiazaran v. Santa Rita Land & Mining Co.Supreme Court of the United States · 1893
  3. Interstate Land Co. v. Maxwell Land Grant Co.Supreme Court of the United States · 1891
  4. Gregory v. PikeCourt of Appeals for the First Circuit · 1895
  5. Jacob Sanchez v. J. T. Taylor, Jr.Court of Appeals for the Tenth Circuit · 1967

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