CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


IRWIN V. SAN FRANCISCO SAVINGS UNION, 136 U. S. 578 (1890)

Subscribe to Cases that cite 136 U. S. 578 RSS feed for this section

U.S. Supreme Court

Irwin v. San Francisco Savings Union, 136 U.S. 578 (1890)

Irwin v. San Francisco Savings Union

No. 181

Submitted January 23, 1890

Decided February 3, 1890

136 U.S. 578

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

Wright v. Roseberry, 121 U. S. 488, affirmed and applied to this case.

The United States, being the real party interested as plaintiffs in error, by their counsel filed the following statement as a brief for the plaintiff in error:

"This is an action of ejectment, brought in the Superior Court of Solano County, California, and afterwards removed into the United States Circuit Court, to recover a large body of swamp and overflowed lands contiguous to the mainland of Mare Island, upon which island the United States have a navy yard, and have erected extensive buildings, etc."

"The plaintiff in error, the defendant below, was the officer

Page 136 U. S. 579

in command of the said navy yard at the time the suit was brought, and had no other interest in the controversy."

"The case was tried without a jury, under a stipulation in writing, and judgment rendered for the plaintiffs to the effect that they were entitled to the possession of the lands in controversy."

"This writ of error raises but one question."

"The plaintiffs claimed title to the swamp and overflowed lands in question, under the State of California, and introduced in evidence a patent from the state to one John W. Pearson, from whom they derived title."

"This evidence was objected to by the defendant on the ground:"

" That a patent issued by the state to any individual for swamp or overflowed lands does not convey title to the lands therein described unless it be shown that the same lands have been patented by the United States to the state, or listed to the state by the Land Department of the United States. That it has not been shown by competent evidence that it has been determined by the proper authority of the Land Department of the United States that the lands described in the patent, or any part thereof, are swamp or overflowed lands within the meaning of the Act of Congress approved September 28, 1550, commonly known as the Arkansas Land Act."

"The objection was overruled and the patent read to the jury, whereupon the defendant excepted."

"The plaintiffs then introduced other evidence, parol and documentary, for the purpose of showing that the land sued for answered to the description of swamp and overflowed lands, and the defendant moved the court to strike out and exclude all said evidence, including the patent, but the court denied the motion, and thereupon the defendant excepted."

"The opinion of the eminent circuit justice upon the questions raised by the bill of exceptions appears to be sustained by the subsequent opinion of this Court in Wright v. Roseberry, 121 U. S. 488."

"The case is therefore submitted without further observation. "

Page 136 U. S. 580

PER CURIAM.

It is conceded by counsel for plaintiff in error that this case is governed by Wright v. Roseberry, 121 U. S. 48, and the judgment is therefore, upon the authority of that case,

Affirmed.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED