Mahlon Pitney, Johnson v. Riddle — Opinion of the Court
“ In order to show that the tenant, by withholding possession, deprived the landlord of the opportunity of exercising a valuable right, it must be made to appear that, with the tenant out of the way, the right would have existed. But, if Ellis had given up possession, Fitzpatrick would have had no more right than any other white man to enter and erect improvements,-that is to say, none at all. ”
Mahlon Pitney, Johnson v. Riddle — Opinion of the Court
“ If such owner of the improvements on any lot fails within sixty days to purchase and make the first payment on same, such lot, with the improvements thereon, shall be sold at public auction to the highest bidder, under the direction of the aforesaid commission, and the purchaser at such sale shall pay to the owner of the improvements the price for which said lot shall be sold, less sixty-two and one half per cent of said appraised value of the lot and shall pay the sixty-two and one half per cent of said appraised value into the United States Treasury. ”
Mahlon Pitney, Johnson v. Riddle — Opinion of the Court
“ When said towns are so laid out, each lot on which permanent, substantial and valuable improvements, other than fences, tillage, and temporary houses, have been made, shall be valued by the commission provided for the nation in which the town is located at the price a fee-simple title to the same would bring in the market at the time the valuation is made, but not to include in such value the improvements thereon. ”
