Frasher v. O'Connor’s Empirical Analysis

Citation profile

14 federal appellate · 3 district · 14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That in all cases where lands have been or shall hereafter be granted by any law of congress to any one of the several states and territories; and where said law does not convey the fee simple title of such lands or require patents to be issued therefor; the lists of such lands which have been or may hereafter be certified by the commissioner of the general land office under the seal of such office, either as originals or copies of the originals or records, shall bq regarded as conveying the fee simple of all the lands embraced in such lists that are of the character contemplated by such act of congress and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such acts of congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.””

   3 later decisions quote this exact passage
   e.g. Mower v. Fletcher · Buena Vista Petroleum Co. v. Tulare Oil & Mining Co.

2. ““ By the act of Congress, approved May 1, 1796, ( 1 Stat. 464 ,) ‘ providing for the sale of the lands of the United States in the territory northwest of the river Ohio and above the mouth of the Kentucky Kivef,’ the surveyor general was authorized to prepare plats of the townships surveyed, to keep one copy of the same in his office for public information, and to send other copies to the ‘places of sale,’ and to the - Secretary of the Treasury. The present local land offices are equivalent to the ‘ places of sale ’ mentioned in the act of 1796, and, a matter of practice, from that date to the present time the township plats prepared by the surveyor general have been filed by him with the local officers, who thereupon proceeded to dispose of the public lands according to the laws of the United States. There is nothing in the act of 1796, or in the subsequent acts, which requires the approval of the commissioner, of the general land office before said survey becomes final and the plats, authoritative. Such a theory is not only contrary to the letter and spirit of the various acts providing for the survey of the public lands, but is contrary to the uniform practice of this department. There can be no doubt but that under the act of July 4, 1836, reorganizing the general land office, the commissioner has general supervision over all surveys, and that authority is exercised whenever error or fraud is.alleged on the part of the surveyor general. But when the survey is correct, it ”

   1 later decision quote this exact passage
   e.g. Tubbs v. Wilhoit

3. ““It is conceded that this power of supervision and correction by the commissioner of the general land-office is subject to necessary and decided limitations. Nor is it denied that, when the land department has once made and approved a governmental survey of public lands (the plats, maps, field-notes and certificates all having been filed in the proper office), and has sold or disposed of such lands, the courts have power to protect the private rights of a party who has purchased in good faith from the government against the interferences or appropriations of corrective resurveys made by that department subsequently to such disposition or sale. But there is nothing in the circumstances of this case which brings it within any such limitations.””

   1 later decision quote this exact passage
   e.g. Union Producing Co. v. Placid Oil Co.