Moffat v. United States
Supreme Court of the United States
APPEALS PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT OP COLORADO. These were suits to cancel two patents' of the United States for land in Colorado, bearing date on the 4th of October, 18Y3, and purporting to be issued, one to a person by the name of Philip Quinlan, and the other to a person by the name of Eli Turner, upon proof of settlement and improvement by them under the pre-emption laws.
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APPEALS PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT OP COLORADO. These were suits to cancel two patents' of the United States for land in Colorado, bearing date on the 4th of October, 18Y3, and purporting to be issued, one to a person by the name of Philip Quinlan, and the other to a person by the name of Eli Turner, upon proof of settlement and improvement by them under the pre-emption laws. Their cancellation was sought on the ground that the patentees named were fictitious parties; that no settlement or improvement on the lands was ever made; .that the documents alleging…
1Opinion of the CourtJustice Field
He stated the facts-in the foregoing language, and continued :
These cases present the same questions, and may be consid ered together. In our judgment none of the positions of the appellants justifies our interference with the decrees of the court belpw. The presumption as to the regularity of the proceedings which precede the issue of a patent of the United States for land, is founded upon the theory that every officer charged with supervising any part of them, and acting under the obligation of his oath, will do his duty, and is indulged as a protection against collateral attacks of third…
2Cases cited5 opinions
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- Marsh v. Fulton CountySupreme Court of the United States · 1871
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Vance v. BurbankSupreme Court of the United States · 1880
- Polk's Lessee v. WendellSupreme Court of the United States · 1820
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- United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
- United States v. BeebeSupreme Court of the United States · 1901
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
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