Frisbie v. Whitney
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia; the case being thus: In March, 1862, and for many years before, there was a large body of land in California known as the Soscol Ranch, and which was supposed by almost every one in that country to be private property.
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Appeal from the Supreme Court of the District of Columbia; the case being thus: In March, 1862, and for many years before, there was a large body of land in California known as the Soscol Ranch, and which was supposed by almost every one in that country to be private property. The tract covered eighteen square leagues, and included the city of Benicia, the town of Vallejo, the navy-yard of the United States, the depot of the Pacific Steamship Company, and hundreds of acres .of land in cultivation and in possession of a large rural population. These parties all claimed under grants to a…
1Opinion of the CourtJustice Miller
Frisbie having become possessor of the legal title to the land in controversy, the complainant, Whitney, claims that he shall be compelled to convey it to him, because he has the superior equity; for this is a suit in a court of equity, founded on its special jurisdiction in matters of trust. It is, therefore, essential to inquire into the foundation of this supposed equity.
When, shortly after his settlement, Whitney applied to the land officers to make his declaration of intention to occupy and cultivate the land, they refused to receive it; first, because no surveys had been made by which…
2Cases cited1 opinion
- Bagnell v. BroderickSupreme Court of the United States · 1839
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