Small v. Lutz
Oregon Supreme Court
From Lake: Henry L. Benson, Judge. Suit by George H. Small against Elmer D. Lutz, to remove a cloud from the title to certain land. There was a decree for plaintiff, from which defendant appealed. A motion to dismiss the appeal was overruled, and the opinion on the motion is printed with the opinion on the merits. On Motion to Dismiss Appeal. Per Curiam.
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From Lake: Henry L. Benson, Judge. Suit by George H. Small against Elmer D. Lutz, to remove a cloud from the title to certain land. There was a decree for plaintiff, from which defendant appealed. A motion to dismiss the appeal was overruled, and the opinion on the motion is printed with the opinion on the merits. On Motion to Dismiss Appeal. Per Curiam. This motion involves the sole question as to whether a qualified surety company may become surety on an undertaking for an appeal. In 1899 the legislature passed an act authorizing such companies to become sureties on undertakings, including…
1Opinion of the CourtJustice Bean
2. Whatever may have been the opinion as to the proper construction of the swamp land act prior to the decision of the Supreme Court of the United States in Michigan L. & Lum. Co. v. Rust, 168 U. S. 589 (18 Sup. Ct. 208), it is now settled that under such act the legal title to the land remains in the general government until patent issues, and the land department has power and authority to inquire into the legality and extent of rights claimed under the act. It is also settled that the listing and platting of certain lands to the state as swamp and overflowed, by the Secretary of the…
2Cases cited21 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Wright v. RoseberrySupreme Court of the United States · 1887
- French v. FyanSupreme Court of the United States · 1876
- Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hough v. PorterOregon Supreme Court · 1909
- People v. LloydIllinois Supreme Court · 1922
- Lybrand v. Wafford (1)Supreme Court of Arkansas · 1927
- Allison v. HattonOregon Supreme Court · 1905
- Gayman, County Treasurer v. MullenSupreme Court of Oklahoma · 1916
13 more not listed; retrieve them via the Exa API.