Legal Opinion

Ely's Administrator v. United States

Supreme Court of the United States

Decided May 31, 1898No. 27PublishedCited by 28 opinions

APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. On October 19, 1892, proceeding under section 8 of the act of March 3, .1891, c. 539, creating the -Court of Private Land Claims, 26 Stat. 854, the United States filed in that court a petition against Santiago Ainsa, administrator' of the estate of Frank Ely, deceased, and others, alleging that said administrator claimed to be the owner through mense conveyances óf a large tract of land in the Territory of Arizona, known as the…

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APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. On October 19, 1892, proceeding under section 8 of the act of March 3, .1891, c. 539, creating the -Court of Private Land Claims, 26 Stat. 854, the United States filed in that court a petition against Santiago Ainsa, administrator' of the estate of Frank Ely, deceased, and others, alleging that said administrator claimed to be the owner through mense conveyances óf a large tract of land in the Territory of Arizona, known as the Rancho de San Jose de Sonoita; that he had not voluntarily come into the court to seek a consideration of his title; that…

1Opinion of the CourtJustice Brewer

The controversy in this case does not turn upon any defect in the form of the papers. The contentions of the Government are that the officers who assumed to make the grant and to execute title papers had no authority to do so, and upon this ground it was held by the Court of Private Lánd Claims that the grant was in its inception invalid. Secondly, that if a valid grant was made it was one of quantity, and should be sustained for only that amount of land which was named in the granting papers and paid for by the grantee.

It appears that the proceedings to acquire title were initi ated by a…

2Cases cited8 opinions

  1. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  2. Mitchel and Others v. United StatesSupreme Court of the United States · 1835
  3. More v. SteinbachSupreme Court of the United States · 1888
  4. Sabariego v. MaverickSupreme Court of the United States · 1888
  5. United States v. PeraltaSupreme Court of the United States · 1857

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3Cited by28 opinions

  1. Lane v. WattsSupreme Court of the United States · 1914
  2. United States v. CamouSupreme Court of the United States · 1902
  3. Thompson v. HillSupreme Court of Georgia · 1912
  4. Pueblo v. DimasSupreme Court of Puerto Rico · 1912
  5. Ainsa v. New Mexico & Arizona RailroadSupreme Court of the United States · 1899

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