Payne v. New Mexico
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The case is stated in the opinion.
1Opinion of the CourtJustice Van Devanter
This is a suit by the State of New Mexico to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from canceling or annulling a lieti land selection of that State under a mistaken conception of their power and duty. A hearing on the bill‘and answer resulted in a decree for the State, which the Court} of Appeals affirmed, 49 App. D. C. 80; 258 Fed. Rep. 980, and the defendants appealed to this court.
There was no controversy or difference in the land department about any question of fact, but only in respect of the time as of which the officers were authorized…
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