McCurdy v. Morgan’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... The lands in the John Pollan Grant were classified in accordance with Decree 16, dated March 24, 1825. (There can be little doubt that the land classification provisions of Decree No. 16 were applicable. Art. 30 of Decree No. 272, dated March 26, 1834, provided that, hereafter no colonization contract shall be strictly fulfilled, and in entire accordance with the law of the 24th of March, 1925.) Art. 12 of Decree No. 16 refers to “grazing lands or those suitable for stock raising (de agostadero); Irrigable tillage land (de regadío) and that which is not irrigable (de temporal). The Pollan grant called for un sitio de agostadero qe ha he pedio inclusa una labor de temporal * * *, that is, one league of pasture land, including a labor of land which was subject to cultivation but dependent solely on ordinary or natural rainfall for its water supply. This statement in the grant is of importance. It constitutes or reflects an official classification of the land made in pursuance of governmental authority and demonstrates that Chiltipin Creek was not regarded as a reliable source of irrigation. It was considered in 1834, as it is today, a dry creek or torrent to which the doctrine of sovereign ownership of stream beds had no application. We hold that the trial court was correct in holding that the bed of Chiltipin Creek passed to John Pollan, under and by virtue of his grant of October 30, 1834.”

   1 later decision quote this exact passage
   e.g. Adjudication of Water Rights in the Medina River Watershed of the San Antonio River Basin v. Alamo National Bank Independent

2. “It seems that under the basic Mexican civil law the doctrine of sovereign ownership to the beds of streams applied only to perennial streams. Juan Sala, Sala Mexicano, 3d Ed. (1883), T. II, p. 12, Hall’s Mexican Laws (1885), p. 417, § 1406, “Margo & Balena, Elucidationes ad quantor libros Institutionum Im. Justi-niane * * * novissimaque Resolutiones non dium compilatas Collectionibus legum Castellae nec Indianum,” T. 2, p. 13. A marked distinction is noted between perennial streams, which never or very rarely completely dry up in summer, and torrents, which run only during periods of heavy rainfall.”

   1 later decision quote this exact passage
   e.g. Adjudication of Water Rights in the Medina River Watershed of the San Antonio River Basin v. Alamo National Bank Independent

3. “hereafter no colonization contract shall be made, and those heretofore made shall be strictly fulfilled, and in entire accordance with the law of the 24th of March, 1925.”

   1 later decision quote this exact passage
   e.g. Strong v. Sunray DX Oil Company