Clark v. Herington
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. On May 20, 1899, Monroe D. Herington, the defendant in error, recovered a judgment in the District Court of Labette County, Kansas, against Lee Clark, for the sum of $3032.28, which' judgment was affirmed by the Supreme Court of that State on November 10, 1900. Thereupon the case was brought here on writ of error.
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. On May 20, 1899, Monroe D. Herington, the defendant in error, recovered a judgment in the District Court of Labette County, Kansas, against Lee Clark, for the sum of $3032.28, which' judgment was affirmed by the Supreme Court of that State on November 10, 1900. Thereupon the case was brought here on writ of error. The facts are these : The action was one to recover damages for breach of warranty in the conveyance of a part of section 22, township 15, range 5, in Morris County, Kansas. The tract was outside the place and within the indemnity…
1Opinion of the CourtJustice Brewer
The paramount Federal question is whether the Missouri, Kansas and Texas Railroad Company was authorized to select as indemnity lands in satisfaction of its grant any even-numbered sections -within the place limits of the prior grant to the Union Pacific Railroad Company. Upon this question United States v. Missouri &c. Railway, 141 U. S. 358, is cited. The railway company, defendant in that case, is the successor in interest of the Missouri, Kansas and Texas Railroad Company. The act making its l'and grant is the one referred to in the foregoing statement of facts, as made July 26, 1866. 14…
2Cases cited27 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Shepley v. CowanSupreme Court of the United States · 1876
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Quinby v. ConlanSupreme Court of the United States · 1882
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- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1903
- East Canyon Land & Stock Co. v. Davis & Weber Counties Canal Co.Utah Supreme Court · 1925
- United States v. Delta Development Co.District Court, E.D. Louisiana · 1970
- Wilson v. Southern Pacific R.R. Co.California Supreme Court · 1907
- United States v. ConklinDistrict Court, D. Montana · 1944
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