Sherman v. Buick
Supreme Court of the United States
Error to the Supreme Court of the State of California. The plaintiff in error brought suit in the proj er court of the State of California to recover po oession of a part of section 86, township 5 south, range 1 ea .t, Mount Diablo meridian, and asserted title thereto uhder a patent from the United States, bearing-.date M^y 15) 1869. The defendant claimed under a patent from the State of California, of the date of Jan. 1,1869. The title of the State is supposed to rest on…
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Error to the Supreme Court of the State of California. The plaintiff in error brought suit in the proj er court of the State of California to recover po oession of a part of section 86, township 5 south, range 1 ea .t, Mount Diablo meridian, and asserted title thereto uhder a patent from the United States, bearing-.date M^y 15) 1869. The defendant claimed under a patent from the State of California, of the date of Jan. 1,1869. The title of the State is supposed to rest on the act of Congress of March % 1853 (10 Stat. 246), granting to her, for schobl purposes, with certain limitations, every…
1Opinion of the CourtJustice Miller
The contest in this case is between a patent of the United States and a patent of the State of California. To determine which of them conveyed, under the facts offered in evidence, the title to the land in controversy, a construction of the act of 1853 is required. It is entitled “ An Act to provide for the survey of the public lands in California, the granting of pre emption rights therein, and for other purposes,” and is the first act of Congress which extended the land system of the United ■States over the newly acquired territory of that State. It provided for surveys, for sales, 'for the…
2Cases cited3 opinions
- Stoddard v. ChambersSupreme Court of the United States · 1844
- Reichart v. FelpsSupreme Court of the United States · 1868
- Higgins v. HoughtonCalifornia Supreme Court · 1864
3Cited by57 opinions
- Mahn v. HarwoodSupreme Court of the United States · 1884
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Doolan v. CarrSupreme Court of the United States · 1887
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
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