OpenLLM-France/wikimedia huggingface dataset:
# Graham v. United States (231 U.S. 474)

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United States Supreme Court
231 U.S. 474
Graham v. United States (231 U.S. 474)
Argued: November 13 and 14, 1913. --- Decided: December 8, 1913
Messrs. Charles F. Harley, George R. Gaither, John B. A. Wheltle, and Burdette B. Webster for plaintiffs in error.
Solicitor General Davis for defendant in error.
Mr. justice Holmes delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Graham v. United States (71 U.S. 259)

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
71 U.S. 259
Graham v. United States
ON the 22d of April, 1841, a grant of land was issued to one Mayors by the Governor of California. The grant describes the land granted as that formerly occupied by Francis Moss, and known by the name of Zayante, bordering on the village of Brancoforte and Mission of Santa Cruz, and as being in extent 'longitudinally one league, and latitudinally one-half league, more or less,' as explained by an accompanying diagram.
This grant was transferred to the appellants by the grantee, and was by them presented to the Board of Land Commissioners for confirmation, and was confirmed by the board on the 26th of June, 1855. An appeal taken from the decree by the United States was withdrawn on the 9th of February, 1857, and by consent of the district attorney, upon instructions from the Attorney-General, a decree was entered on that day, by the District Court, giving leave to the claimants to proceed upon the decree of the board as a final decree. In the proceedings before the board the claimants produced an original record of juridical measurement, from which it appeared that the grantee was formally put in possession of the premises granted, by the proper officer, to the extent of one square league in length by three thousand varas in width.
The decree of the board describes the land as follows: 'The land of which confirmation is made is situated in the County of Santa Cruz, and is known by the name of Zayante, being the same which is now held and occupied by the claimants, and is of the extent of one league in length, and a half league in width, a little more or less, as shown by the original grant, record of juridical possession, and map filed in the case, to all of which reference is hereby made for a more particular description.'
In surveying the land confirmed, the Surveyor-General of the United States for California did not follow the measurement contained in the record of juridical possession. The District Court, for that reason, set it aside, and ordered a new survey which should correspond with such measurement. Such survey being made was approved by the decree of the District Court, October 26th, 1863. From this decree the present appeal was taken, and the question presented is, whether this survey embraces the land granted and confirmed.
Mr. Reverdy Johnson, for the appellants.
Mr. Wills, contra.
Mr. Justice FIELD delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Graham v. White-Phillips Company

* related portals: Supreme Court of the United States.
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United States Supreme Court
296 U.S. 27
Graham v. White-Phillips Company
Argued: Oct. 23, 24, 1935. --- Decided: Nov 11, 1935
Messrs. James J. Barbour, of Chicago, Ill., and W. Edgar Sampson, of Springfield, Ill., for petitioner.
Messrs. Wm. L. Patton, of Springfield, Ill., and Harold A. Smith, of Chicago, Ill., for respondent.
Mr. Justice McREYNOLDS delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Graham v. United States (71 U.S. 259)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
71 U.S. 259
Graham v. United States
As we have had occasion heretofore to observe, the Mexican law, as well as the common law, made a formal delivery of possession, or livery of seizin of the property, essential, after the execution of a grant, for the investiture of the title. This proceeding was usually taken by the magistrate of the vicinage, with assisting witnesses, in the presence of the adjoining land proprietors, who were summoned for the occasion. As preliminary to the actual delivery of possession, the land had to be measured and its boundaries established, when there was any uncertainty in the description of the premises. Various regulations for the guidance in these matters of the magistrates were prescribed by law. That which concerns the present inquiry is that they required the magistrate to preserve a record of the measurement, and of all other steps of the proceeding, to have the same attested by the assisting witnesses, and to furnish an authentic copy to the grantee. By this proceeding-called in the language of the country the delivery of juridical possession-the land granted was separated from the public domain, and what was previously a grant of quantity, become a grant of a specific tract.
The record of a proceeding of this nature must necessarily control the action of the officers of the United States in surveying land claimed under a confirmed Mexican grant.
In the present case, juridical possession of the land had been delivered to the grantee, and the record was produced and given in evidence. The first survey of the land made by the Surveyor-General of the United States for California, after the confirmation, did not conform to the measurement shown by this record. The District Court, for that reason, set the survey aside, and directed a new survey, which should correspond with that measurement.
To the application of the appellants for a change in the location, the District Court held that there were insuperable objections presented by the action of the officers under the former government, and that it was the duty of the court to locate the land according to the measurement made by the alcalde, and signed by him and the assisting witnesses in the record of proceedings upon the delivery of possession.
We fully concur in this view with the District Court, and, therefore,
AFFIRM ITS DECREE.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Graham v. West Virginia

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United States Supreme Court
224 U.S. 616
Graham v. West Virginia
Argued: April 17, 1912. --- Decided: May 13, 1912
Messrs. D. W. Baker, Frank J. Hogan, Everett F. Moore, and D. B. Evans for plaintiff in error.
[Argument of Counsel from pages 617-620 intentionally omitted]
Mr. William G. Conley, Attorney General of West Virginia, for defendant in error.
Mr. Justice Hughes delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Graham v. Weeks

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United States Supreme Court
138 U.S. 461
Graham v. Weeks
Rublee A. Cole, for plaintiff in error.
R. M. La Follette, for defendant in error.
Mr. Justice FIELD, after stating the facts as above, delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Folsom v. Dewey

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United States Supreme Court
103 U.S. 738
Folsom v. Dewey
APPEAL from the Supreme Court of the Territory of Utah.
The facts are stated in the opinion of the court.
Submitted by Mr. Z. Snow, Mr. E. D. Hoge, Mr. Arthur Brown, and Mr. W. N. Dusenberry for the appellant, and by Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson for the appellees.
MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Folsom v. Dewey/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
103 U.S. 738
Folsom v. Dewey
This case cannot be distinguished in principle from Stringfellow v. Cain, 99 U.S. 610. The finding is, that the property now claimed by Folsom was sold at public sale on the 11th of March, 1860, to raise money to pay a debt owing by the deceased father of the appellees, who was the original occupant of the premises. The price was five hundred and ten dollars, which was more than the debt. The overplus was paid the mother of the appellees, who were at the time all minors living with her in a house built by the father on an adjoining part of the lot for a residence. The purchaser took possession immediately after the sale, and when the town site was patented under the town-site law, in November, 1871, Folsom, his grantee, had himself been in the actual occupancy of the property for more than ten years, and during that time had made valuable improvements. This, as we think, under the rule in Stringfellow v. Cain, makes out a case of abandonment on the part of Mrs. Lamareux and her children, and gives Folsom a right to claim title. It is true, the original sale was without the consent of Mrs. Lamareux, but it was with her knowledge. She afterwards took a part of the purchase-money, and suffered Folsom to occupy and improve the property as his own for more than ten years without objection, so far as the findings show. Under these circumstances neither she nor her children can claim that Folsom was in as a trespasser when the title to the town site was secured from the United States for the 'use and benefit of the occupants thereof, according to their respective interests.' Folsom was not an intruder on their occupancy, but was himself a lawful occupant.
The evidence satisfies us that the value of the property in dispute is more than $1,000; we, therefore, have jurisdiction.
The judgment against Folsom, who is the only appellant, will be reversed, and the cause remanded with instructions to enter or cause to be entered a judgment in his favor for the premises claimed by him; and it is
So ordered.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Foman v. Davis

United States Supreme Court
371 U.S. 178
Foman v. Davis
Argued: Nov. 14, 1962. --- Decided: Dec 3, 1962
Milton Bordwin, Boston, Mass., for petitioner.
Roland E. Shaine, Boston, Mass., for respondent.
Mr. Justice GOLDBERG delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Foltýn's Drum

* related portals: Czech literature.
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short story
English-language translations of Foltýnův buben include:
* Old Foltyn's Drum, in The International, vol. 7, no. 3 (1899), translated by Vlasta Charlotte Kozel
* Foltýn's Drum, in The Czechoslovak Review, vol. 3, no. 5 (1919), translated by John Hulla
* Foltýn's Drum, in Czechoslovak Stories (1920), translated by Šárka B. Hrbková
# Gesta Romanorum Vol. II (1871)/Of Reconciliation through Christ

TALE XXXV.
OF RECONCILIATION THROUGH CHRIST.
A certain emperor possessed a forest, in which was an elephant whom no one dare approach. This caused his majesty no little surprise, and calling together his nobles and wise men, he asked them what was the nature of this elephant. They replied, that he mightily approved pure and modest virgins. Thereupon, the emperor would have despatched ​two beautiful and virtuous maids, who were likewise skilled in music, if any such were to be found in his kingdom. At last, his emissaries discovered two who were honest and fair enough, and causing them to be stripped, one of them was required to carry a basin, and the other a sword. They entered the forest, and began to sing; and the elephant, attracted by the sound, soon approached. In the mean time, the virgins continued their song, till the elephant fondled them, and by and by, fell asleep in the lap of one of the maids. The other, perceiving this, cut off his head with the sword she had carried, while her companion filled the bowl with blood. Thus they returned to the king; and when he heard of their success, he rejoiced exceedingly, and ordered a very beautiful purple, and many other curious matters, to be made of the blood. (25)
APPLICATION.
My beloved, the emperor is our heavenly Father; the elephant is Christ; and the two ​virgins, Mary and Eve, who were both born free from sin, Mary being sanctified in the womb. She carries a sword, that is, sin, by which Christ died.
* ↑ We may observe that the Catholics lose no opportunity of honoring the virgin Mary, at whatever expense.
* ↑ The reader is desired to frame the rest of the moralization himself, the original being too delicate to handle.
Note 25.Page 129.
"In this wild tale, there are circumstances enough of general analogy, if not of peculiar parallelism, to recall to my memory the following beautiful description, in the MS. romance of Syr Launfal, of two damsels, whom the knight unexpectedly meets in a desolate forest.
"As he sat in sorrow sore He saw come out of holt-es hoar,
Gentle maidens two; Their kirtles were of Ind sandal Ylaced small, jolyf and well, There might none gayer go. Their mantles were of green velvet, Y bordered with gold right well y set, Y pelured with gris and gro. Their head-es were well dight withal, Each had on a jolyf coronal With sixty gems and mo. Their faces were white as snow on down, Their rode was red, their eyen were brown, I saw never none such. The one bare of gold a basin, That other a towel white and fine, Of silk that was good and rich. Their kerchiefs wer well schyre Arrayed with a rich gold wire."—Warton.
* ↑ Indian silk. Cendal Fr. See Du Fresne.
* ↑ Pretty.
* ↑ Furred.
* ↑ Gris is Fur; gris and gro [gray; meaning perhaps gray fur] is a common phrase in the metrical romances.
* ↑ More.
* ↑ Complexion.
* ↑ Cut.
# Gesta Romanorum Vol. II (1871)/Of Salvation

TALE LXV.
OF SALVATION.
Albertus (42) relates, that in the time of Philip there was a pathway leading to two mountains of Armenia, which had long been uninhabited. For the air of that country was so pestilential, that whosoever breathed it, died. The king, therefore, was desirous of ascertaining the cause of the evil, but no one could discover it. At length Socrates was sent for, who requested him to build a mansion equal in loftiness with the mountains. This was done; and the philosopher then constructed a mirror, with a perfectly pure and polished surface, so that from every part the appearance of the mountains was reflected in the glass. Entering the edifice, Socrates beheld two dragons, one upon the mountain, and the ​other in the valley, which mutually opened their mouths and drew in the air. As he looked, a youth on horseback, ignorant of the danger, wished to pass that way: suddenly he fell from his horse and died incontinently. Socrates went without delay to the king, and declared what he had seen. The dragons were afterwards taken by a specially cunning trick, and instantly slain. Thus the path over these mountains became safe and easy both to horsemen and footmen.
APPLICATION.
My beloved, the mountains are the noble and powerful of the world; the dragons are pride and luxury. The glass is our Saviour Christ, and the edifice a good life. The young man who perished, is a man killed by vanity. Socrates is a good prelate.
Note 42.Page 219.
Albertus was an abbot of Stade, and author of a Chronicle from Adam to 1256.
# Gesta Romanorum Vol. II (1871)/Of Prayer, which is as Harmony before God

TALE V.
OF PRAYER, WHICH IS AS HARMONY BEFORE GOD.
When Tiberius reigned he was passionately fond of music. It happened that as he once ​pursued the chase, he was struck with the sound of a harp, whose sweetness so delighted him, that he turned his horse's head and rode to the place from which it issued. When he arrived there, he perceived a certain poor man seated on the ground, having a harp in his hand. From hence arose the melody; and the emperor was refreshed and exhilarated by the delicious tones that he created. "My friend," said the king, "inform me how it is that your harp sounds so sweetly." "My lord," answered the other, "for more than thirty years I have sat by this stream, and God has bestowed upon me such execution, that the moment I touch the chords of my harp, the very fishes, enchanted with the harmony, come even into my hand, and afford sustenance to my wife and my family. But unhappily for me, a certain whistler has arrived within these few days from another country; and he whistles so admirably, that the fishes forsake me and go over to him. Therefore, my lord, since you are powerful, and the ruler of this kingdom, give me some aid against this abominable whistler." "My friend," returned the king, ​"I can help you only in one thing; but this will be sufficient. I have in my hunting-bag a golden hook, which I will give you: fasten it on the top of a rod, and then strike your harp. The sound will inveigle the fishes, and as soon as they approach, by means of the hook draw them to land. If you follow my advice, the whistler will depart in great trouble." The poor man did as he was directed; and before the fishes could arrive at the place where the whistler was stationed, the hook brought them to land. The whistler, perceiving himself out-done, retired in much tribulation. (3)
APPLICATION.
My beloved, the emperor is Christ, the harmony which delights him is prayer. The water is the world; the fishes are sinners. The poor man is a preacher, and the harp is the Sacred Writings. The whistler is the devil, and the golden hook is Divine Grace.
Note 3.Page 35.
There is a fable of a fisherman piping to the fishes, in the Latin Æsop; but the story is different.
# Gesta Romanorum Vol. II (1871)/Of Rebukes to Princes

TALE LXVI.
OF REBUKES TO PRINCES.
Augustine tells us in his book "De Civitate Dei," that Diomedes, in a piratical galley, for a long time infested the sea; plundering and sinking many ships. Being captured by command of Alexander, before whom he was brought, the king enquired how he dared to molest the seas. "How darest thou," replied he, "molest the earth? Because I am master only of a single galley, I am termed a robber; but you, who oppress the world with huge squadrons, are called a king and a conqueror. Would my fortune change, I might become better; but as you are the more fortunate, so much are you the worse." "I will change thy fortune," said Alexander, "lest fortune should be blamed by thy ​malignity." Thus he became rich; and from a robber was made a prince and a dispenser of justice. (43)
APPLICATION.
My beloved, the pirate in his galley is a sinner in the world; Alexander is a prelate.
Note 43.Page 222.
"St. Austin's City of God is quoted for an answer of Diomedes the pirate to king Alexander." Warton.
# Gesta Romanorum Vol. II (1871)/Of Riches

TALE LI.
OF RICHES.
A king issued a proclamation, that whosoever would come to him should obtain all they asked. The noble and the rich, desired dukedoms, or counties, or knighthood; and some, treasures of silver and gold. But whatsoever they desired they had. Then came the poor and the simple and solicited a like boon. "Ye come tardily," said the king, "the noble and the rich have already been, and have carried away all I possess." This reply troubled them exceedingly; and the king, moved by their concern, said, "My friends, though I have given away all my temporal possessions, I have still the sovereign power; for no one required this. I appoint ye, therefore, to be their judges and masters." When this came to the ​ears of the rich, they were extremely disturbed, and said to the king, "My lord, we are greatly troubled at your appointing these poor wretches our rulers; it were better for us to die, than admit such servitude." "Sirs," answered the king, "I do you no wrong: whatever you asked I gave; insomuch that nothing remains to me but the supreme power. Nevertheless, I will give you counsel. Whosoever of you has enough to support life, let him bestow the superfluity upon these poor people. They will then live honestly and comfortably, and upon these conditions I will resume the sovereignty and keep it, while you avoid the servitude ye apprehend." And thus it was done.
APPLICATION.
My beloved, the king is God; the herald is a preacher; the rich, &c. are the men of this world, and the poor are the poor in spirit.
# Gesta Romanorum Vol. II (1871)/Of Persecution

TALE XCVI.
OF PERSECUTION.
King Asuerus made a great feast to all the princes of his kingdom, as we learn from the first chapter of the book of Hester. He commanded the queen to appear at the festival, that his people might behold the splendour of that beauty which he had raised to the throne. After this the king promoted a certain Aman; and made all the princes of his empire pay him homage. They complied, but Mardocheus, the king's uncle, would not honour him. Enraged at this disregard of his authority, Aman delivered him to death, with all his family; and made an ordinance under the royal seal to exterminate every Jew in the ​kingdom, and constructing a high rack, he resolved that Mardocheus should be fastened upon it. But, in the mean time, it was the fortune of the latter to discover two traitors who had conspired to kill the king; and immediately giving such information as led to their apprehension, he was clothed in a purple robe, and crowned, and rode on a royal steed through the city, while Aman, with all his knights, were reduced to the necessity of extolling him. When this was done, Mardocheus related to the queen that Aman intended to put all their nation to death; wherefore she proclaimed a fast, and afflicted herself with fasting and prayer. She then made a great feast, to which she invited the king and Aman. First imploring the life of her people, she explained how the latter had condemned all to death. Full of indignation, the king ordered him to be fixed upon the same rack which he had prepared for Mardocheus; who succeeded to all his honours. Thus by the disposing ​hand of Providence, the innocent people were freed, and the generation of the wicked utterly exterminated. (121)
APPLICATION.
My beloved, the king is Christ; and the queen is the soul. Am an represents the Jewish people, who seek to destroy the church. The two traitors are the Jew and the Gentile.
* ↑ "Altumque erexit eculeum."
* ↑ This is decidedly an eastern custom. See the Arabian Tales, &c. passim.
* ↑ One would imagine that the story of Mordecai could never have been actually read by the author of this tale;!t seems as if a floating tradition had been caught up and worked into the apologue of Mardocheus. The latter name is Greek, and occurs in the apocryphal continuation of the Book of Esther.
Note 121.Page 386.
There is a metrical romance on this subject; and Thomas of Elmham, a chronicler, calls the coronation feast of King Henry the Sixth, a second feast ​of Ahasuerus. "Hence also Chaucer's allusion at the marriage of January and May, while they are at the solemnity of the wedding dinner, which is very splendid.
'Queen Esther looked ne'er with such an eye On Assuere, so meek a look hath she.'"
Warton.