United States v. Diamond Coal & Coke Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an appeal from a judgment of the Circuit Court .of Appeals which affirmed a judgment of the District" Court for the District of Wyoming, dismissing, on defendant’s motion, a bill brought by the United States to set aside numerous patents for coal land, on the ground of fraud, and for an accounting for coal extracted.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an appeal from a judgment of the Circuit Court .of Appeals which affirmed a judgment of the District" Court for the District of Wyoming, dismissing, on defendant’s motion, a bill brought by the United States to set aside numerous patents for coal land, on the ground of fraud, and for an accounting for coal extracted. The rule laid down in Wood v. Carpenter, 101 U. S. 135, 140, 141, relied on by both courts below, is not applicable.' A clear distinction exists between this case and those cases in which that ruletas been…
1Opinion of the CourtChief Justice White
This suit, begun by the United States against the Diamond Coal & Coke Company iii October, 1917, had a threefold object: (1) To cancel 18 patents granted to that number of persons, at dates ranging from 14 to 20 years prior to the commencement of the suit, and covering 2,283 acres of coal land situated in the Evanston Land District, State of Wyoming; (2) to cancel deeds of conveyance to the corporation made by the entrymen who
had' purchased from the United States the land which the patents embraced; (3) to recover the value of coal which it was alleged had been taken by mining operations of…
2Cases cited2 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Exploration Co. v. United StatesSupreme Court of the United States · 1918
3Cited by34 opinions
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- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Nardone v. ReynoldsSupreme Court of Florida · 1976
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