Kean v. Calumet Canal & Improvement Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA. The case is stated in the opinion of the court. Under section 2396, U. S. Rev. Stat., the original survey of 1834 did in fact and-in law stop at the “ water course.” A survey made by proper officers of the United States and confirmed by. the Land Department cannot be shown to be inaccurate by collateral attack in the courts.
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ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA. The case is stated in the opinion of the court. Under section 2396, U. S. Rev. Stat., the original survey of 1834 did in fact and-in law stop at the “ water course.” A survey made by proper officers of the United States and confirmed by. the Land Department cannot be shown to be inaccurate by collateral attack in the courts. Russell v. Maxwell Land Grant Oo., 158 U. {•>. 253. The fact that the survey under which the patents issued was contested at every step by the interested parties and was finally decided after six months’ consideration by…
1Opinion of the CourtJustice Holmes
This is a proceeding to-, quiet title brought by the Calumet Canal and Improvement Company in a court of the State of ' Indiana. The company got judgment, which was affirmed by the Supreme Court of the State, 150 Indiana, 699, and the ease is brought here by writ of error. The land in question is land .borderingon and extending under certain- non-navigable water up to the state line, the Illinois side of which was the subject ' of the decisions in Hardin v. Jordan, 140 U. S. 371, and Mitchell v. Smale, 140 U. S. 406. But the facts in this ease are somewhat different. The Calumet company…
2Cases cited8 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Mitchell v. SmaleSupreme Court of the United States · 1891
- Horne v. SmithSupreme Court of the United States · 1895
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
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3Cited by56 opinions
- Kansas v. ColoradoSupreme Court of the United States · 1907
- Oklahoma v. TexasSupreme Court of the United States · 1922
- United States v. OregonSupreme Court of the United States · 1935
- Whitaker v. McBrideSupreme Court of the United States · 1905
- United States v. State Investment Co.Supreme Court of the United States · 1924
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