Scott v. Carew
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE FIFTH CIRCUIT. On December 31, 1900, the plaintiffs, who are now appellants, filed their bill of complaint in the Circuit Court of the United States for.the■ Southern District of Florida, praying that the defendants, holding the legal title to a tract of land under patent from the United States, be decreed to hold that title in trust for them. A demurrer to the bill was sustained and a decree of dismissal entered.
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APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE FIFTH CIRCUIT. On December 31, 1900, the plaintiffs, who are now appellants, filed their bill of complaint in the Circuit Court of the United States for.the■ Southern District of Florida, praying that the defendants, holding the legal title to a tract of land under patent from the United States, be decreed to hold that title in trust for them. A demurrer to the bill was sustained and a decree of dismissal entered. This was .affirmed by the Circuit Court of Appeals for the Fifth Circuit, and from that affirmance this appeal was taken. The…
1Opinion of the CourtJustice Brewer
The vital question in this case is whether Hackley could claim the benefit of the act of 1826, in reference to the tract in controversy. Prior to that act he was wrongfully in possession of the tract, and could have been summarily removed by order of the President. (Act of March 3, 1807.) His dispossession was by authority of law. 'It was done in the exercise of the power vested in the President as Commander-in-Chief of the Army, the order of the War Department being presumed to be that of the President. The occupation of the tract by the United States troops was rightful, being an occupation…
2Cases cited7 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Newhall v. SangerSupreme Court of the United States · 1876
- Mann v. Tacoma Land Co.Supreme Court of the United States · 1894
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- Roxford Knitting Co. v. Moore & Tierney, Inc.Court of Appeals for the Second Circuit · 1920
- United States v. O'DONNELLSupreme Court of the United States · 1938
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