Kirwan v. Murphy
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Murphy and others filed their bill of complaint in the United States Circuit Court for the District of Minnesota against Kirwan, as United States surveyor general for that district, and Thomas II.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Murphy and others filed their bill of complaint in the United States Circuit Court for the District of Minnesota against Kirwan, as United States surveyor general for that district, and Thomas II. Oros well, as deputy surveyor, to- enjoin them from surveying, by direction of the Commissioner of the General Land Office, certain lands claimed by the Land Department to be unsurveyed public lands of the United States. Complainants alleged that they owned lots 1, 2 and 3 of section 2; lots 1 and 2 of section 3; lots 1 and 8 and parts…
1Opinion of the CourtChief Justice Fuller
The bill prayed for injunction and the establishment of the boundaries of complainants’ lands. The decree granted a perpetual injunction, and, describing the fractional lots, adjudged that they “extend to and are bounded by and upon the actual waters of Cedar Island Lake.” The deflection of the lines required by the decree is indicated on the diagram.
Sections 2395, 2396 and 2397 of the Devised Statutes specify the mánner of making surveys of public lands, and prescribe the rules by which the form and boundaries of the tracts are determined. In this case no survey was in fact made, no meander…
2Cases cited11 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Hume v. United StatesSupreme Court of the United States · 1889
- Hale v. AllinsonSupreme Court of the United States · 1903
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Gaines v. ThompsonSupreme Court of the United States · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Whitaker v. McBrideSupreme Court of the United States · 1905
- United States v. State Investment Co.Supreme Court of the United States · 1924
- Producers Oil Co. v. HanzenSupreme Court of the United States · 1915
- Security Land & Exploration Co. v. BurnsSupreme Court of the United States · 1904
- Lane v. DarlingtonSupreme Court of the United States · 1919
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