Scully v. Squier
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. The facts are stated in the opinion. As-to the. jurisdiction: The legal title after entry and until patent to the mayor-trustee was in the United States, Hussey v. Smith, 99 U. S. 20; Ashby v. Hall, 119 U. S. 526; Cofield v.' McClelland, 16 Wall. 331; Stringfellow v. Cain. 109 U. S. 610, and one having an equitable title had an absolute right to have his title confirmed by the trustee, under § 2387, Rev. Stat., the townsite…
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ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. The facts are stated in the opinion. As-to the. jurisdiction: The legal title after entry and until patent to the mayor-trustee was in the United States, Hussey v. Smith, 99 U. S. 20; Ashby v. Hall, 119 U. S. 526; Cofield v.' McClelland, 16 Wall. 331; Stringfellow v. Cain. 109 U. S. 610, and one having an equitable title had an absolute right to have his title confirmed by the trustee, under § 2387, Rev. Stat., the townsite law. Hussrhan v. Durham, 165 U. S. 144; Cheoer v. Horner, 142 U. S. 122; McDonough v. Millandon, 3 How. 693. When the…
1Opinion of the CourtJustice McKenna
The relation of the parties ,to the cause of action is the same in this court as in the state courts, and we will refer to plaintiff in error as plaintiff and to the defendants in error as defendants.
The pleadings in the case are exceedingly voluminous and equally so are the findings of fact. It is enough for our purpose to say that the city of Lewiston, State of Idaho, was entered as a townsite under § 2387 of the Revised Statutes, hereinafter, quoted, and a patent was issued by the United States to the mayor of the city in trust for the occupants of the lands conveyed. In pursuance of the…
2Cases cited5 opinions
- Stringfellow v. CainSupreme Court of the United States · 1879
- Hussey v. SmithSupreme Court of the United States · 1879
- Ashby v. HallSupreme Court of the United States · 1886
- Cofield v. McClellandSupreme Court of the United States · 1873
- Scully v. SquierIdaho Supreme Court · 1907
3Cited by4 opinions
- Hall v. North Ogden CityUtah Supreme Court · 1946
- Town of Greenhorn, an Oregon Municipal Corporation, Gail L. Poyser, Miles F. Potter, Lillian Potter and Guy Miller v. Baker County, OregonCourt of Appeals for the Ninth Circuit · 1979
- Carson City v. Capital City Entertainment, Inc.Nevada Supreme Court · 2002
- Hall v. North Ogden CityUtah Supreme Court · 1946