Estrada v. Murphy’s Empirical Analysis
1861
Citation profile
1 federal appellate · 38 state decisions
How this case has been cited
Cited by 49 later decisions (3 by the Supreme Court) — most recently November 1942 · most notably Quinby v. Conlan (1881), Botiller v. Dominguez (1889)
1 federal appellate · 38 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 10 Cal. 2d 160 - Penziner v. West American Finance Co. · Teschemacher v. Thompson · Waterman v. Smith · Hall v. Doe ex dem. Root
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The claim o£ the plaintiffs under the grant to Estrado was never presented to the commissioners under the act of congress. It must, therefore, be considered according to the views we have expressed, as having been abandoned. Like a demand barred by the statute of limitations, it has no standing in court, whatever may have boon its original validity. By the courts it must be treated as non-existent. The land, therefore, so far as the plaintiffs are concerned, must be deemed to be a part of the public domain of the United Slates. “But it is said that the consequences of non-presentation prescribed by the act of congress cannot follow with reference to the claim of the plaintiffs, inasmuch as the validity of the grant has been confirmed under a claim presented by the defendant, Murphy; and that the United States have thus declared that the. land is private property and not a part of the public domain. He do not think the ctonel as ion follows from the confirmation to Murphy. The land may he Ireaiad as prioate so far as his claim is concerned, and yet/be treated as public with respect to the claim> of the plaintiffs. Vc do not understand the language of the act as declaring that, whenever a claim or grant is not presented, the land shall be deemed absolutely a part of the public domain; but that it shall be thus treated so far as any right of the, par tica,law claimant is eoncerned. Other parties may have asserted successfully claims to the. same land, with reference to whom ”
1 later decision quote this exact passagee.g. Bouldin v. Phelps““It matters not whether the presentation was made by tire confirmee, in his own name, in good faith, or with intent to defraud the actual owner of the claim, [as alleged in this caso;] a court of equity will control the legal title in his hands so as to protect tire just rights of others. But in ejectment, the legal title must control. ””
1 later decision quote this exact passagee.g. Bouldin v. Phelps
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.