United States Supreme Court Cases & Opinions

U.S. Supreme Court

Scully v. Squier, 215 U.S. 144 (1909)

Scully v. Squier

No. 21

Argued November 6, 1909

Decided November 29, 1909

215 U.S. 144

Syllabus

Where plaintiff bases his bill on the contention that, under the townsite law, 2387, Rev.Stat., the ascertainment of boundaries by official survey is a condition subsequent upon which the vesting of the equitable rights of the occupant depends, the construction of a law of the United States is involved, and, if passed on adversely by the state court, this Court has jurisdiction under § 709, Rev.Stat., to review the judgment.

The object of local legislation authorized by the townsite law, § 2387 Rev.Stat., is to consummate the grant of the government to the townsite occupants -- not to alter or diminish it -- and in this case, the construction by the state court of the territorial statute followed to the effect that the trustee and surveyor had no power to alter or diminish the holdings of bona fide occupants by laying out or widening streets.

13 Idaho 428 affirmed.

The facts are stated in the opinion.

Page 215 U. S. 148