Legal Opinion

Germania Iron Co. v. United States

Supreme Court of the United States

Decided February 15, 1897No. 52PublishedCited by 24 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOE THE EIGHTH CIRCUIT. Óíj- November • 20, 1889, a patent was issued by the United States to Thomas Reed for the southwest quarter of .the northeast quarter and lots 1 and 2 of section 30, township 63, north of range 11 west, containing one hundred and twelve acres, in the Duluth landMistrict of the State of Minnesota.- On October Í3, 1891, the United States filed in the Circuit Court of the .District of Minnesota a bill in equity'…

Read the full summary

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOE THE EIGHTH CIRCUIT. Óíj- November • 20, 1889, a patent was issued by the United States to Thomas Reed for the southwest quarter of .the northeast quarter and lots 1 and 2 of section 30, township 63, north of range 11 west, containing one hundred and twelve acres, in the Duluth landMistrict of the State of Minnesota.- On October Í3, 1891, the United States filed in the Circuit Court of the .District of Minnesota a bill in equity' to set aside such patent, making Thomas Reed the.patentee and the appellants, in this casé parties defendant. These…

1Opinion of the CourtJustice Brewer

Appellants contend that this bill cannot be sustained because, ' first, no fraud is proved or even charged against the -patentee; .second, there is no showing that the other applicants for these lands had or have any rights superior to the patentee ;• third, •that it is neither proved nor alleged that the patentee was not •equitably as well as legally entitled to the lands ; fourth, that the utmost that appears is the premature issue of a patent through mistake and inadvertence and in disregard of one of the rules of the department, and that such matters lay no foundation for the…

2Cases cited3 opinions

  1. Hughes v. United StatesSupreme Court of the United States · 1866
  2. Williams v. United StatesSupreme Court of the United States · 1891
  3. Badeau v. United StatesSupreme Court of the United States · 1889

3Cited by24 opinions

  1. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  2. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
  3. Duluth & Iron Range Railroad v. RoySupreme Court of the United States · 1899
  4. Northern Pacific Railway Co. v. McComasSupreme Court of the United States · 1919
  5. Bockfinger v. FosterSupreme Court of the United States · 1903

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API