McQuiston v. Walton’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant below, McQuiston, admits that he and plaintiff were both claimant^, before the Land Department for the same tract of land, and that their claims have been finally determined in the Land Department in favor of Walton, and that the title is yet in the United States; but he alleges that the officers of the Land Department misapplied the land, and that he is entitled to acquire title to the land, and intends bringing his action in a court of equity to declare the patentee a trustee for him, and establish a resulting trust as soon as Walton shall make 'final proof and acquire the legal title. The question of title cannot be tried in this action, nor can the courts deal with the question of title as between adverse claimants so long as the fee rests in the United States. Under the homestead laws of the United States, the homestead entryman is entitled to the exclusive possession of the land as against a claimant whose rights have been adversely and finally determined by the officers of the Land Department. It is the duty of the courts to give effect to the decisions/ of the officers of the Land Department of the United States, and protect the possessory rights of those who have been determined to be entitled to the same. If the laws works a hardship or results in a loss of the prospective rights of any claimant, then such condition is a proper subject for legislation, and not for judicial cognizance.””

   1 later decision quote this exact passage
   e.g. Brennan v. Shanks