Baker v. Morton | |
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Argued March 24, 1871 Decided April 3, 1871 | |
Full case name | Alexander H. Baker v. William S. Morton |
Citations | 79 U.S. 150 ( more ) |
Court membership | |
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Case opinion | |
Majority | Clifford, joined by unanimous |
Baker v. Morton, 79 U.S. (12 Wall.) 150 (1870), was the second of two land claim suits to come out of Omaha, Nebraska Territory, filed in September 1860, prior to statehood. [1] A claim jumper filed suit against local land barons to stake out a homestead in the area that was to become the city of Omaha. The case was important for establishing homesteaders' rights and ensuring that the future growth of Omaha would benefit everyone, not just wealthy landowners and speculators.
The case of Alexander H. Baker v. William S. Morton was a case of an ill-gotten land claim. Baker was an early settler in the Omaha area who lived on 160 acres (0.65 km2) of land in an area of town then known as Orchard Hill, which is now in North Omaha. [2]
An adjoining 160-acre (0.65 km2) plot of land was owned by a man named Brown. The Omaha Claim Club did not recognize the men as legal residents for either of the plots and threatened the two men with death if they did not turn over the titles to the land. Baker and Brown conveyed their land titles in the face of potential harm. In 1860 Baker and Brown filed suits against the Club to get their titles back. The territorial court ruled against Baker, who appealed to the U.S. Supreme Court. The court ruled that the property was obtained under duress and was to be reinstated to the rightful owner. [3] [4]
Today this case is cited by legal experts as precedent in cases of contractual holdup to establish the illegal nature of the Omaha Claim Club's activities and subsequent activities that exhibit this form of collusion. [5]
Apple Computer, Inc. v. Microsoft Corporation, 35 F.3d 1435, was a copyright infringement lawsuit in which Apple Computer, Inc. sought to prevent Microsoft and Hewlett-Packard from using visual graphical user interface (GUI) elements that were similar to those in Apple's Lisa and Macintosh operating systems. The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]...". In the midst of the Apple v. Microsoft lawsuit, Xerox also sued Apple alleging that Mac's GUI was heavily based on Xerox's. The district court dismissed Xerox's claims without addressing whether Apple's GUI infringed Xerox's. Apple lost all claims in the Microsoft suit except for the ruling that the trash can icon and folder icons from Hewlett-Packard's NewWave windows application were infringing. The lawsuit was filed in 1988 and lasted four years; the decision was affirmed on appeal in 1994, and Apple's appeal to the U.S. Supreme Court was denied.
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The Omaha Claim Club, also called the Omaha Township Claim Association and the Omaha Land Company, was organized in 1854 for the purpose of "encouraging the building of a city" and protecting members' claims in the area platted for Omaha City in the Nebraska Territory. At its peak the club included "one or two hundred men", including several important pioneers in Omaha history. The Club included notable figures important to the early development of Omaha. It was disbanded after a ruling against their violent methods by the U.S. Supreme Court in 1860 in Baker v. Morton.
Claim clubs, also called actual settlers' associations or squatters' clubs, were a nineteenth-century phenomenon in the American West. Usually operating within a confined local jurisdiction, these pseudo-governmental entities sought to regulate land sales in places where there was little or no legal apparatus to deal with land-related quarrels of any size. Some claim clubs sought to protect squatters, while others defended early land owners. In the twentieth century, sociologists suggested that claim clubs were a pioneer adaptation of democratic bodies on the East Coast, including town halls.
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