McCreery v. Haskell’s Empirical Analysis

Citation profile

14 federal appellate · 11 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 40 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.””

   2 later decisions quote this exact passage · from the majority
   e.g. Buena Vista Petroleum Co. v. Tulare Oil & Mining Co. · Garrard v. Silver Peak Mines

2. ““The power of supervision possessed by the commissioner of the general land office over the acts of the register and receiver of the local land offices in the disposition of the public lands undoubtedly authorizes him to correct and annul entries of land allowed by them where the lands are not subject to entry, or the parties do not possess the qualifications required, or have previously entered all that the law permits. The exercise of this power is necessary to the due administration of the land department If an investigation of the validity of such entries were required in the courts of law before tliey could be canceled, the necessary delays attending the examination would greatly impair, if not destroy, the efficiency of the department. But the power of supervision and correction is not an unlimited or an arbitrary power. It can be exerted only when the entry was made upon false testimony or without authority of law. It cannot he exercised so as to deprive any person of land lawfully entered and paid for. By such entry and payment the purchaser secures a rested Interest In the property, and a right to a patent therefor, and can no more be deprived of It by order of the commissioner than he can be deprived by such order of any other legally acquired 'property. Any attempted deprivation in that way of such interest will be corrected whenever the matter is presented so that the judiciary can act upon it.””

   1 later decision quote this exact passage
   e.g. Olive Land & Development Co. v. Olmstead

3. ““Where, by reason of the loss of the school-sections, a selection is made of other lands, the list certified operates upon the selection as of the day when made and reported to the local land-office, and cuts off, as would a patent in such cases, all subsequent claimants.””

   1 later decision quote this exact passage · from the majority
   e.g. Howell v. Slauson