Banning Co. v. California Ex Rel. Webb
Supreme Court of the United States
ERROR.TO THE SUPREME COURT OP THE STATE OP CALIFORNIA. The facts, which involve the constitutionality under the contract clause of the Federal Constitution of legislation of California and provisions of the constitution of 1879 withdrawing state lands from sale, are stated in the opinion.
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ERROR.TO THE SUPREME COURT OP THE STATE OP CALIFORNIA. The facts, which involve the constitutionality under the contract clause of the Federal Constitution of legislation of California and provisions of the constitution of 1879 withdrawing state lands from sale, are stated in the opinion. The proceedings for purchase taken by Phineás Banning in 1866, under the act of 1863, created a contract with the State of California for the purchase of the land in accordance with that act, which could not be impaired by any subsequent legislative action. The State’s offer to sell was accepted by filing…
1Opinion of the CourtJustice McKenna
Suit brought by the State of California to quiet title to certain lands embraced in a patent issued under certain statutes of the State authorizing the sale of tide, lands.
The lands involved constituted location No. 57 of the state tide lands, and the State alleged that they had been at all times a portion of the inner bay of San Pedro and below the line of ordinary high tide; that they were partly within the limits of the City of San Pedro and partly within the limits of Wilmington; that prior to and since 1870 no portion of them had ever been reclaimable for agricultural or other purposes…
2Cases cited11 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
- Wisconsin & Michigan Railway Co. v. PowersSupreme Court of the United States · 1903
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
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3Cited by16 opinions
- James Baird Co. v. Gimbel Bros., Inc.Court of Appeals for the Second Circuit · 1933
- Picard Const. Co. v. Board of Com'rsSupreme Court of Louisiana · 1926
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1920
- Jones v. JanesSupreme Court of Louisiana · 1924
- Broad St. Nat. Bank of Trenton v. CollierSupreme Court of New Jersey · 1933
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