Legal Opinion

Sheets v. Selden's Lessee

Supreme Court of the United States

Decided February 18, 1865PublishedCited by 123 opinions

• The State of Indiana, being owner of tbe Northern Division of tbe.'Central Canal, and of certain adjacent lands, an-1 thorized its Board of Internal Improvement, to cause any surplus water, of which there was some, along “with such portions of ground belonging to the State as might he necessary to its use, to he leased.”

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• The State of Indiana, being owner of tbe Northern Division of tbe.'Central Canal, and of certain adjacent lands, an-1 thorized its Board of Internal Improvement, to cause any surplus water, of which there was some, along “with such portions of ground belonging to the State as might he necessary to its use, to he leased.” Under this act leases were made in 1889-4'0, — one to Yandes & Sheets, another to Sheets; each for the term of thirty years. • The leases reserved certain rents, payable semi-annually on the first of May and November, and they provided that if any rent should “remain unpaid…

1Opinion of the CourtJustice Field

The objections taken by the defendant in the court below against a recovery, and urged in this court for a reversal of the judgment, which require consideration, relate, 1st, to the validity of the deed executed by the Governor and Auditor of Indiana to pass the title of the State to the premises in controversy; 2d, to the claim by the lessors of the plaintiff of a right to maintain ejectment for the premises upon a breach of the covenants to pay rent contained in' the leases of the State; and 3d, to the proceedings taken to effect a -forfeiture of the leases.

1. The objection to the deed of…

2Cases cited3 opinions

  1. Hodgson v. DexterSupreme Court of the United States · 1803
  2. Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
  3. Coddington v. DavisNew York Supreme Court · 1846

3Cited by123 opinions

  1. United States v. HurstCourt of Appeals for the Tenth Circuit · 2003
  2. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002
  3. Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
  4. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002
  5. Burnet v. Willingham Loan & Trust Co.Supreme Court of the United States · 1931

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