Sturr v. Beck’s Empirical Analysis

Citation profile

18 federal appellate · 11 district · 68 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 135 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ When, however, the government ceases to be the sole proprietor, the right of the riparian owner attaches, and cannot be subsequently invaded. As the riparian owner has the right to have the water flow ut currere solebat, undiminished except by reasonable consumption of upper proprietors, and no subsequent attempt to take the water only can override the prior appropriation of both land and water, it would seem reasonable that lawful riparian occupancy with intent to appropriate the land should have the same effect.” '”

   3 later decisions quote this exact passage · from the majority
   e.g. Cloquet Lumber Co. v. Burns · Sander v. Bull

2. ““A claim of the homestead settler * * * is initiated by an entry of the land, which is effected by making an application at the proper land office, filing the affidavit, and paying the amounts required by sections 2238 and 2290 of the Revised Statutes (U. S. Comp. St. 1901, pp. 1367, 1389).””

   2 later decisions quote this exact passage · from the majority
   e.g. Trodick v. Northern Pac. Ry. Co. · United States v. Bagnell Timber Co.

3. ““But a homesteader, after entry, occupies ail entirely different position. He has in fact purchased. His entry, which is made by making and. filing an affidavit, and paying the sum required by law, is a contract of purchase, which gives him ail inchoate title to the land, which is property. This is a substantial and vested right, which can only be defeated by his failure to perform the conditions annexed. It is true no certificate or patent can be issued until the expiration of five years from the date of the entry; the United States retaining the legal title to insure performance of these conditions. But the vested right of the settler attaches to the land at the time of his entry, and is liable to be defeated only by his own failure to comply with the requirements of the law. If he complies with these conditions, he becomes invested with full ownership and the absoluto right to a patent, which, when issued, relates back to the time of the entry, and, under the act of May 14, 1880 (21 U. S. St. 140, c. 89 [U. S. Comp. St. 1901, p. 1393; Supp. to U. S. Rev. St. 525]), his right under the entry relates back to the date of the settlement. Until forfeited by his own failure to perform the conditions of his purchase, this right of property acquired by his entry must prevail, not only against individuals, but against the government itself. This is the view expressed in an opinion of the Attorney General of the United States, addressed to the Secretary of War, in July, 1881. See 1 ”

   1 later decision quote this exact passage · from the majority
   e.g. Cloquet Lumber Co. v. Burns