154 U.S. 549 14 S. Ct. 1160 18 L. Ed. 30 HORBACK et al. v. PORTER et ux. SAME v. BROWN. Nos. 189 and 190. December 18, 1865. Mr. Justice MILLER delivered the opinion of the court. 1 In these two cases the facts are the same, and the questions suggested by the records are exclusively questions of fact. 2 It is charged in the bill that Horbach, one of the defendants, having sold the land which is the subject of the controversy, and received the consideration for it, afterwards caused the...
154 U.S. 542 14 S. Ct. 1159 18 L. Ed. 29 MERRIAM v. HAAS et ux. No. 77. January 23, 1865. Mr. Justice MILLER delivered the opinion of the court. 1 This is a suit to foreclose a mortgage for $6,000, given to secure a loan of money. It is conceded that, at the time the mortgage was executed and delivered, only $4,000 of the loan were received by defendant; it being stipulated that the remaining $2,000 were to be advanced when defendant should finish a building on the lot conveyed by the mortgage,...
69 U.S. 525 (1864) 2 Wall. 525 UNITED STATES v. STONE. Supreme Court of United States. *529 Messrs. Stinson and Browning, with whom were Messrs. Ewing and Carlisle, for the appellant Stone. Mr. Coffey, special counsel of the United States, contra. *535 Mr. Justice GRIER delivered the opinion of the court. A patent is the highest evidence of title, and is conclusive as against the Government, and all claiming under junior patents or titles, until it is set aside or annulled by some judicial...
69 U.S. 587 17 L. Ed. 865 2 Wall. 587 UNITED STATES v. PACHECO. December Term, 1864 APPEAL from the decree of the District Court of the United States for the Northern District of California, confirming the survey and location of a grant made by the Mexican Government of California to Pacheco and another, March 23d, 1844, for three leagues of land, situated on the east side of the Bay of San Francisco. The decree of the District Court confirming the claim of the grantees under the grant,...
69 U.S. 444 17 L. Ed. 848 2 Wall. 444 UNITED STATES v. BILLING. December Term, 1864 THE Board of Land Commissioners, established by act of Congress of March 3, 1851, to settle private land claims in California, confirmed, in 1851, to Billing and others, a tract of land granted in 1839 by the Mexican Government to one Felis. The decree set forth the boundaries of the land essentially as follows: 'Commencing at the mouth of the creek Avichi, emptying into the Petaluma marsh, and running up said...
69 U.S. 45 (1864) 2 Wall. 45 TOOL COMPANY v. NORRIS. Supreme Court of United States. *48 Messrs. Payne and Thurston for the Tool Company, plaintiff in error. Mr. Blake, contra. *52 *53 Mr. Justice FIELD delivered the opinion of the court. Several grounds were taken, in the court below, in defence of this action; and, among others, the corporation relied upon the proposition of law, that an agreement of the character stated, that is, an agreement for compensation to procure a contract from the...
69 U.S. 423 (1864) 2 Wall. 423 TOBEY v. LEONARDS. Supreme Court of United States. *429 Messrs. Sydney Bartlett and Thaxter, for the appellant, Tobey, and by Messrs. Olney and Thomas, contra. Mr. Justice WAYNE, having stated the pleadings, delivered the opinion of the court: This cause has been argued with ability, and we are brought to the consideration of it with every advantage, in any way applicable to the rights of the parties in a court of equity, by the written opinion of our brother who...
69 U.S. 258 (1864) 2 Wall. 258 THE VENICE. Supreme Court of United States. *266 Mr. Assistant Attorney-General Ashton, and Mr. Eames, for the appellant. Messrs. Reverdy Johnson and Gillet, contra, for the claimant Cooke. *273 The CHIEF JUSTICE delivered the opinion of the court. This cause comes before us upon appeal from a decree of the District Court of the United States for the Southern District of Florida. The schooner Venice, with a cargo of two hundred and *274 twenty-five bales of cotton,...
69 U.S. 562 (1864) 2 Wall. 562 THE SUTTER CASE. Supreme Court of United States. *573 Mr. Wills, for the United States, appellants. Mr. Elihu Johnson, for the intervenor and appellant Gelston. Mr. J.B. Williams, for intervenors and appellants Algier and others. Mr. Black, for settlers under the United States. *581 Mr. Justice NELSON delivered the opinion of the court. The appeal is from the decree or order of the court confirming a survey and location of the eleven square leagues of land granted...
69 U.S. 375 (1864) 2 Wall. 375 THE SLAVERS. (WEATHERGAGE.) Supreme Court of United States. *379 Mr. Beebee, for the appellant; Mr. Assistant Attorney-General Ashton, contra. Mr. Justice CLIFFORD delivered the opinion of the court. This was a libel of information in a cause of seizure and forfeiture, and the case is brought here by an appeal from the decree of the Circuit Court of the United States for the Southern District of New York. Substance of the charge, as contained in the libel of...
69 U.S. 366 17 L. Ed. 906 2 Wall. 366 THE SLAVERS. (SARAH.) December Term, 1864 LIKE the preceding case, this was a libel of forfeiture, filed in the District Court for the Southern District of New York, against a vessel and cargo, under the 1st section of the act of Congress of 22d March, 1794, 1 and the 2d of that of 20th April, 1818, 2 prohibiting persons engaging in the slave-trade. The former declares that no person shall 'build, fit, equip, load, or otherwise prepare any ship or vessel,...
69 U.S. 383 (1864) 2 Wall. 383 THE SLAVERS. (REINDEER.) Supreme Court of United States. *390 Mr. Gillet, for the appellant. Mr. Coffey, special counsel of the United States, contra. *393 Mr. Justice CLIFFORD delivered the opinion of the court. This is an appeal from a decree of the Circuit Court of the United States for the District of Rhode Island, in a cause of seizure and forfeiture. The libel of information against the bark Reindeer and her cargo, was filed in the District Court on the...
69 U.S. 350 (1864) 2 Wall. 350 THE SLAVERS. (KATE.) Supreme Court of United States. *356 Messrs. Donohue, Evarts, and Gillet, for the appellants. Mr. Assistant Attorney-General Ashton, for the United States. *363 The CHIEF JUSTICE delivered the opinion of the court. The libel charges that the vessel was prepared at New York, in the summer of 1860, for the purpose of trade in slaves, contrary to the acts of Congress in that behalf; by reason whereof, and by virtue of the acts, the bark, her...
69 U.S. 550 (1864) 2 Wall. 550 THE MORNING LIGHT. Supreme Court of United States. *553 Mr. Benedict, for the appellants; Mr. W.Q. Morton, contra. Mr. Justice CLIFFORD delivered the opinion of the court. This case is brought here by appeal from a decree of the Circuit Court of the United States for the Southern District of New York, sitting in admiralty. Appellants were the insurers of the brig Jeremiah Fowler, which was lost on the 24th day of August, 1855, while on a voyage from the port of...
70 U.S. 240 18 L. Ed. 31 3 Wall. 240 THE CITY v. BABCOCK. December Term, 1865 AMONG the festal anniversaries of the city of Providence, R. I., is that known as 'Commencement Day.' Upon this occasion Brown University gives its degrees; and citizens and strangers throng the town. Upon the anniversary of 1859, Miss Babcock, of Connecticut, visited Providence and was participating in the spectacle. A procession was passing through one of the streets in a central part of the city, and Miss Babcock,...
69 U.S. 135 (1864) 2 Wall. 135 THE CIRCASSIAN. Supreme Court of United States. *142 Messrs. A.F. Smith and Larocque, for the claimants of the ship and cargo. Mr. Eames, contra, for the captors. *148 The CHIEF JUSTICE delivered the opinion of the court. That the rebellion against the national Government, which, in April, 1861, took the form of assault on Fort Sumter, had, before the end of July, assumed the character and proportions of civil war; and that the blockade, established under the...
69 U.S. 474 (1864) 2 Wall. 474 THE BAIGORRY. Supreme Court of United States. *479 Mr. Coffey, special counsel for the United States. Messrs. Reverdy Johnson and Gillet, contra. The CHIEF JUSTICE delivered the opinion of the court. The Baigorry and cargo were owned by residents of New Orleans, claiming to be subjects of Great Britain and France. She was employed in the trade of the enemy, plying between Havana and ports of Louisiana, and finding entrance as she could, by running the blockade....
69 U.S. 538 (1864) 2 Wall. 538 THE ANN CAROLINE. Supreme Court of United States. *542 Mr. Benedict for the libellants; Mr. Donohue, contra. Mr. Justice CLIFFORD delivered the opinion of the court. This is an appeal in admiralty from the decree of the Circuit Court of the United States for the Southern District of New York, in a cause of collision, civil and maritime. Damages are claimed in this case by the libellant on account of a collision which occurred on the 11th day of February, 1854, in...
69 U.S. 481 (1864) 2 Wall. 481 THE ANDROMEDA. Supreme Court of United States. *486 Messrs. Gillet and Reverdy Johnson, for the claimants. Mr. Coffey, special counsel of the United States, contra. *487 The CHIEF JUSTICE delivered the opinion of the court. It is not disputed that the cargo consisted of Texan products. Prior to shipment, then, it was enemy property. The manifest of the cargo, found on the schooner when captured, shows that five hundred and ninety-seven bales of cotton, valued at...
69 U.S. 450 (1864) 2 Wall. 450 STEAMSHIP COMPANY v. JOLIFFE. Supreme Court of United States. *454 *455 Messrs. Cope, Yale, and Carlisle, for the defendant in error; McCullough representing the State of California. Mr. Justice FIELD delivered the opinion of the court. This case arises upon the act of the State of California, of the 20th of May, 1861, entitled "An act to establish pilots and pilot regulations for the port of San Francisco." The act provides for the creation of a Board of Pilot...
