United States v. San Pedro & Canon del Agua Co.
New Mexico Supreme Court
Appeal from district court, First district. Action by the United States against the San Pedro & Canon del Agua Company for the cancellation of a patent to land. Judgment for defendant, and plaintiff appeals. When, by the rules of law, the legal title must prevail, the action of the land department is conclusive.
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Appeal from district court, First district. Action by the United States against the San Pedro & Canon del Agua Company for the cancellation of a patent to land. Judgment for defendant, and plaintiff appeals. When, by the rules of law, the legal title must prevail, the action of the land department is conclusive. But courts of equity, both in England and this country, have always had the power, in certain cases, to correct injustice, both in judicial and executive action founded in fraud or mistake. The liability of the land-office to be imposed upon by fraud and false swearing exemplifies the…
1Opinion of the CourtLong, C. J.
The complainants, the United States, by Wayne MaeYeagh, then attorney general, and Sidney M. Barnes, at the time United States attorney for the territory of New Mexico, on the fifteenth day of September, A. D. 1881, filed in the First judicial district court of said territory a bill of complaint. Later, Francis Downs, Fiske & Warren, and Thomas Smith, United States attorney, appeared as ■ solicitors for the complainant. The San Pedro & Canon del Agua Company, a corporation, was made defendant, and appeared by William Breeden, Henry L. Waldo, Catron, Thornton & Clancy as solicitors.
It was…
2Cases cited13 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Deffeback v. HawkeSupreme Court of the United States · 1885
- United States v. StoneSupreme Court of the United States · 1865
- Brush v. WareSupreme Court of the United States · 1841
- United States v. MinorSupreme Court of the United States · 1885
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