Legal Opinion

Kirwan v. Murphy

Court of Appeals for the Eighth Circuit

Decided May 20, 1901No. 1,526PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the District of Minnesota.

1Opinion of the Court

SANBORN, Circuit Judge.

The facts presented by the record upon the final hearing of this case do not differ essentially from those presented on the appeal from the order granting the injunction. Kirwan v. Murphy, 28 C. C. A. 348, 83 Fed. 272, 286, 289; Murphy v. Kirwan (C. C.) 103 Fed. 104. The United States surveyed and platted the land about Cedar- Lake; and then patented the tracts which the complainants now own according to its plats, which showed that these tracts extended to, and were bounded by, the lake. It made no attempt to correct its survey, and gave no warning that it claimed it…

2Cases cited11 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
  3. Cragin v. PowellSupreme Court of the United States · 1888
  4. Mitchell v. SmaleSupreme Court of the United States · 1891
  5. United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895

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3Cited by2 opinions

  1. Barringer v. DavisSupreme Court of Iowa · 1909
  2. Cloquet Lumber Co. v. BurnsCourt of Appeals for the Eighth Circuit · 1913

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