Legal Opinion

MacE v. Merrill

Supreme Court of the United States

Decided January 10, 1887No. 76PublishedCited by 1 opinion

ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This was an action to try the title to a tract of land listed to California under § 8 of the act of September 24, 1841. The facts which were claimed to make a Federal question are stated in the opinion of the court.

1Opinion of the CourtChief Justice Waite

This is a suit begun by Mace, the plaintiff in error, against, 'Merrill, the defendant in error, in the. District Court of Los . Angeles. County, California, pursuant, to a referepce .by the ' surveyor-general of the state, under .§ 3314 of the Political. Code of, that state, which is as follows:

“ When a contest arises concerning the approval of a survey ■ qr location before the surveyor-general, or concerning a certificate of "'purchase or other evidence of title before the register,', the 'officer before whom the contest is made may, "when-the question involved is as to the survey, or one…

2Cases cited5 opinions

  1. Tyler v. HoughtonCalifornia Supreme Court · 1864
  2. Romie v. CasanovaSupreme Court of the United States · 1876
  3. McStay v. FriedmanSupreme Court of the United States · 1876
  4. California Ex Rel. Hastings v. JacksonSupreme Court of the United States · 1884
  5. Thompson v. TrueCalifornia Supreme Court · 1874

3Cited by1 opinion

  1. Newport News Shipbuilding & Dry Dock Co. v. O'hearne, Deputy CommissionerCourt of Appeals for the Fourth Circuit · 1951

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