Union Land & Stock Co. v. United States
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division'of the Northern District of California; William C. Van Fleet, Judge. • . Suit by the United States against the Union Dand & Stock Company, a corporation. From a decree for tire United States, defendant appeals. The appellee brought a suit in equity to declare forfeited a right of way and easement for the storage of water.
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Appeal from the District Court of the United States for the Second Division'of the Northern District of California; William C. Van Fleet, Judge. • . Suit by the United States against the Union Dand & Stock Company, a corporation. From a decree for tire United States, defendant appeals. The appellee brought a suit in equity to declare forfeited a right of way and easement for the storage of water. It was alleged in the bill that on February 23, 1895, the appellant, under the provisions of an act of Congress of March 3, 1891 (26 Stat. 1101, c. 561), filed in the Land Office at Susanville, Cal.,…
1Opinion of the CourtGirbert, Circuit Judge
(after stating the facts as above). [1] The appellant contends that the bill should have been dismissed for want of equity, for the reason that it is brought to declare a forfeiture, and cites Horsburg v. Baker, 1 Pet. 232, 236, 7 L. Ed. 125, and Marshall v. Vicksburg, 15 Wall. 146, 149, 21 L. Ed. 121. In the latter case it was said:
“Equity never, under any circumstances, lends its aid to enforce a forfeiture or penalty, or anything in the nature of either.”
But the rule thus stated has not always been adhered to in the absolute form in which it is expressed. Thus in Henderson v. Carbondale…
2Cases cited11 opinions
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Horsburg v. BakerSupreme Court of the United States · 1828
- United States v. Oregon & California RailroadSupreme Court of the United States · 1896
- Oregon & California Railroad v. United StatesSupreme Court of the United States · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kern River Co. v. United StatesSupreme Court of the United States · 1921
- Public Serv. Comm'n of PR v. HavemeyerSupreme Court of the United States · 1936
- CITY & COUNTY OF DENVER, ETC. v. BerglandDistrict Court, D. Colorado · 1981
- Hurst v. Idaho Iowa Lateral & Reservoir Co.Idaho Supreme Court · 1926
- Carns v. Idaho-Iowa Lateral & Reservoir Co.Idaho Supreme Court · 1921
7 more not listed; retrieve them via the Exa API.