Legal Opinion

Smith v. Gale

Supreme Court of the United States

Decided April 11, 1892No. 225PublishedCited by 116 opinions

APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP DAKOTA. This-was an action originally brought by Gale in the District Court of Minnehaha County, against the widow and heirs of Daniel G. Shillock, Samuel A. Bentley and Byron M. Smith, to quiet the .title of the plaintiff to certain lands of which it was averred the defendants, unjustly claimed to have title in fee.

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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP DAKOTA. This-was an action originally brought by Gale in the District Court of Minnehaha County, against the widow and heirs of Daniel G. Shillock, Samuel A. Bentley and Byron M. Smith, to quiet the .title of the plaintiff to certain lands of which it was averred the defendants, unjustly claimed to have title in fee. The following facts are abstracted from the finding of the court: ■' Both parties claimed title from Margaret Frazier, who, on the 1st day of July, 1864, became .grantee of the land in fee by a patent of the United States of that…

1Opinion of the CourtJustice Brown

This case was tried in the court of original jurisdiction without a jury, upon the amended and supplemental answers of Byron M. Smith and the replies thereto of Gale, Grigsby and McKennan, and was appealed to the Supreme Court of the Territory, and thence to this-court, upon exceptions of the-defendant-,Smith to certain proceedings upon said trial.(1) Error is alleged in the refusal of the court to permit •Margaret Frazier to file' an intervening complaint, and be joined with defendant Smith as a necessary party to the1 complete determination of the controversy. By sec. 89 of the Dakota Code…

2Cases cited15 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
  3. Hunnicutt v. PeytonSupreme Court of the United States · 1880
  4. Stanley v. GadsbySupreme Court of the United States · 1836
  5. Brobst v. BrockSupreme Court of the United States · 1871

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3Cited by116 opinions

  1. United States v. American Telephone & Telegraph Co.Court of Appeals for the D.C. Circuit · 1980
  2. San Juan County, Utah v. United StatesCourt of Appeals for the Tenth Circuit · 2007
  3. United States v. California Coöperative CanneriesSupreme Court of the United States · 1929
  4. Grayson v. LynchSupreme Court of the United States · 1896
  5. Horton v. MeskillSupreme Court of Connecticut · 1982

111 more not listed; retrieve them via the Exa API.

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