GAINES ET AL.
v.
HALE ET AL.

U.S. | 1876-10-01
93 U.S. 3 Supreme Court of the United States (1876) Positive Treatment
Also reported at: 23 L. Ed. 782 · SCDB 1876-002 · 1876 U.S. LEXIS 1340
Cited by 32 cases
Opinion of the Court
Mr. Justice Bradley

Mr. Justice Bradley delivered the opinion of the court.

The decision made by this court in Sot Springs Oases at the last term, 92 U. S. 698, has disposed of the principal controversy bet'weén the parties in this case, by declaring that neither of them is entitled to the land in question^ and that the same belongs to the United States. As the decree of the Supreme Court of Arkansas, in the present case, does not contravene this decision, but refuses aid to any of the parties against each other, except as to the improvements erected by each respectively, and as to these, saves the rights of the United States, we do not perceive any error in said decree on any Federal question. Decree affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (17 total)

  • Hunter v. Wilson, 21 Fla. 250 (Fla. 1885)
  • United States v. Stoeco Homes, Inc., 498 F.2d 597 (3d Cir. 1974)
    …tude, when it takes the premises for federal purposes. Existence of a dominant federal navigational servitude has long been assumed. See, e. g., Gilman v. Philadelphia, 70 U.S. (3 Wall.) 724, 18 L.Ed. 96 (1865); South Carolina v. Georgia, 93 U.S. 4, 23 L.Ed. 782 (1876). It is clear that for purposes of the fifth amendment the fee owner’s interest is valued subject to the navigational servitude, regardless of the purpose of the federal taking. See, e. g., United States v. Rands, 389 U.S. 121, 122, 88 S.Ct.…
  • Minnehaha Creek Watershed Dist. v. Hoffman, 597 F.2d 617 (8th Cir. 1979)
    …. 205, 5 S.Ct. 423, 28 L.Ed. 959 (1885); Miller v. Mayor, Etc., of New York, 109 U.S. 385, 3 S.Ct. 228, 27 L.Ed. 971 (1883); Escanaba, Etc., Trans. Co. v. Chicago, 107 U.S. 678, 2 S.Ct. 185, 27 L.Ed. 442 (1883); South Carolina v. Georgia, 93 U.S. 4, 23 L.Ed. 782 (1876); United States v. The Montello, 78 U.S. (11 Wall.) 411, 20 L.Ed. 191 (1871). . “Navigability in fact” has been broadened by later decisions of the Supreme Court to include bodies of water which were navigable in their natural state although…

Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw