Legal Opinion

Ainsa v. United States

Supreme Court of the United States

Decided March 2, 1896No. 429PublishedCited by 26 opinions

APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. This was a pi’oceeding on behalf of the United States, instituted by direction of the Attorney General, in the Court of Private Land Claims, under the third clause of section eight of the act of March 3, 1891, c. 539, 26 Stat. 854. The petition alleged that defendants were asserting a claim to the premises in dispute under an alleged Mexican land grant by virtue of the treaty of December 30, 1853, known as the “Gadsden Purchase,”…

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APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. This was a pi’oceeding on behalf of the United States, instituted by direction of the Attorney General, in the Court of Private Land Claims, under the third clause of section eight of the act of March 3, 1891, c. 539, 26 Stat. 854. The petition alleged that defendants were asserting a claim to the premises in dispute under an alleged Mexican land grant by virtue of the treaty of December 30, 1853, known as the “Gadsden Purchase,” and that the title of defendants and each of them was open to question in several particulars-set out in the petition.…

1Opinion of the CourtChief Justice Fuller

As remarked in Astiazaran v. Santa Rita Mining Co., 148 U. S. 80, 81, a case involving title to the ranchos of Tumacacori, Calabazas, and Huevavi, .undoubtedly private rights of property within ceded territory are not affected by the change of sovereignty and jurisdiction, and are entitled to protection, whether the party had the full and absolute ownership of the land or merely an equitable interest therein, which requires some^further act of the government to vest in him a perfect title. And this is so by the law of nations, “ with or without any stipulation to such effect,” Strother v.…

2Cases cited8 opinions

  1. The OregonSupreme Court of the United States · 1895
  2. Strother v. LucasSupreme Court of the United States · 1838
  3. Fremont v. United StatesSupreme Court of the United States · 1855
  4. More v. SteinbachSupreme Court of the United States · 1888
  5. Astiazaran v. Santa Rita Land & Mining Co.Supreme Court of the United States · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Producers Oil Co. v. HanzenSupreme Court of the United States · 1915
  2. Security Land & Exploration Co. v. BurnsSupreme Court of the United States · 1904
  3. Chapman & Dewey Lumber Co. v. St. Francis Levee DistrictSupreme Court of the United States · 1914
  4. United States v. CamouSupreme Court of the United States · 1902
  5. Ely's Administrator v. United StatesSupreme Court of the United States · 1898

21 more not listed; retrieve them via the Exa API.

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