Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 7
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...to the correctness of this proposition. This last mentioned act is not in the nature of a grant, but is simply a provision to enable the city to acquire title to land for a town site, if it should thereafter elect to avail itself of the provisions of the act; and it is not perceived upon what principle the title subsequently acquired by the entry could relate back to the act mentioned, any more than-the title acquired by entry of public lands by a private citizen can relate back to the date of the law of congress which authorized such entry; and in the case of such entries, under the acts of congress for the disposal of the public domain, it is not questioned that the title accrues to the party making the entry at the date of such entry, and not before..The government itself does not really part with the title until the issue of the patent therefor; but upon the issue of such patent, the title conveyed by the grant is held to relate back to the date of the entry as evidenced by the certificate thereof. Can it be said that the city acquired such a right to the streets, under and by virtue of its charter in 1861, as would enable it to assert such right as superior to the rights subsequently acquired by the ditch company? We think not. The act of congress creating the territory of Colorado, usually called the organic act, approved February 28, 1861, limited the legislative power of the territory to " all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act; " and in the same section declares that " no law shall be passed interfering with the primary disposal of the soil; " and also prohibits the passing of any law "impairing the rights of private...
- Paperback | 234 pages
- 189 x 246 x 12mm | 426g
- 13 Sep 2013
- Illustrations, black and white