United States v. Northern Pac. R.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. This is an appeal from a decree which dismissed a bill brought by the United States to avoid a patent to a tract of land which was issued to tlie Northern Pacific Railroad Company by the land department of the government “under the erroneous impression and mistaken belief,” as the appellant averred, that it was within the limits of the congressional grant to that company.
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Appeal from the Circuit Court of the United States for the District of Minnesota. This is an appeal from a decree which dismissed a bill brought by the United States to avoid a patent to a tract of land which was issued to tlie Northern Pacific Railroad Company by the land department of the government “under the erroneous impression and mistaken belief,” as the appellant averred, that it was within the limits of the congressional grant to that company. This land was selected by the appellee, and patented to it by the government, in lieu of a lost tract of land which was within the place…
1Opinion of the CourtSanborn, Circuit Judge
This is a suit to avoid a patent issued to the Northern Pacific Railroad Company, the appellee, by the land department of the United States. The land department is a quasi judicial tribunal, and a patent is the judgment of that tribunal upon the questions presented, and a conveyance in execution of the judgment. When it is attacked, two questions are presented. They are: Did the department have jurisdiction to issue the patent and to determine the questions which *870conditioned its issue? and, was its judgment induced by fraud, mistake of fact, or error in law? The limits of the jurisdiction of…
2Cases cited23 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
- Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
- Deweese v. SmithCourt of Appeals for the Eighth Circuit · 1901
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
- King v. McAndrewsCourt of Appeals for the Eighth Circuit · 1901
22 more not listed; retrieve them via the Exa API.