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Shapleigh v. Mier, 299 U.S. 468 (1937)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Shapleigh v. Mier, 299 U.S. 468 (1937)
Shapleigh v. Mier No. 125 Argued December 9, 1936 Decided January 4, 1937 299 U.S. 468
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. A transfer of land from the sovereignty of Mexico to that of the United States, brought about by an avulsive change in the course of the Rio Grande -- the boundary stream -- and by the provisions of the Convention of June 5, 1907, and proceedings thereunder, did not affect its private ownership. P. 469.
2. An expropriation of such land while still a part of Mexico, if lawful and effective under the Constitution and laws of Mexico when made, must be recognized as lawful and effective under the laws of the United States when questioned in a judicial proceeding. P. 471.
3. In an action to establish ownership of land on the Rio Grande which became part of the Texas pursuant to the above mentioned Convention with Mexico, the District Court found that, before the transfer of sovereignty, there had been an expropriation, valid under the laws of Mexico, by which the plaintiffs were divested of any title they may have had. Assuming that the Mexican proceedings were reexaminable and that the finding is reviewable with the aid of judicial notice of the Mexican law, held that the plaintiffs have failed to make out their case, since the finding was reasonably supported by the evidence taken below, and this Court has been referred to no document or other evidence dehors the record establishing a different rule. P. 472.
4. To say that a court will take judicial notice of a fact, whether it be an event or a custom or a law of some other government, is merely another way of saying that the usual forms of evidence will be dispensed with if knowledge of the fact can be otherwise acquired. P. 475.
5. Judicial notice and judicial knowledge are not the same thing. A court that is left without knowledge of a fact after exploring to the full every channel of information, must needs decide against the litigant who counts upon the fact as an essential of his claim. De non apparentibus et de non existentibus eadem est ratio. P. 475.
83 F.2d 673 affirmed.
Certiorari to review a judgment affirming a judgment against the plaintiffs, the present petitioners, in an action of trespass to try title before a district judge without a jury.
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Chicago: U.S. Supreme Court, "Syllabus," Shapleigh v. Mier, 299 U.S. 468 (1937) in 299 U.S. 468 299 U.S. 469. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1G1PQ4RWYMP83IG.
MLA: U.S. Supreme Court. "Syllabus." Shapleigh v. Mier, 299 U.S. 468 (1937), in 299 U.S. 468, page 299 U.S. 469. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1G1PQ4RWYMP83IG.
Harvard: U.S. Supreme Court, 'Syllabus' in Shapleigh v. Mier, 299 U.S. 468 (1937). cited in 1937, 299 U.S. 468, pp.299 U.S. 469. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1G1PQ4RWYMP83IG.
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