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ATHERTON ET AL. v. FOWLER ET AL.

Not in source.

91 U.S. 143 (1875)

23 L.Ed. 265

ATHERTON ET AL., v. FOWLER ET AL.

Supreme Court of United States.

December 6, 1875.

Attorney(s) appearing for the Case

Mr. M.A. Wheaton for the defendants in error, in support of the motion to dismiss.

Mr. Montgomery Blair, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

The plaintiffs in error claimed title to the hay in controversy in this case in consequence of alleged rights acquired under the act of Congress, passed March 3, 1863, entitled "An act to grant the right of pre-emption to certain purchasers on the `Soscol Ranch,' in the State of California." 12 Stat. 808. The decision of the State court was against their title. This presents a question within the jurisdiction...

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