Payne v. Robertson
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. Payne, the appellant here, filed his bill of complaint in the District Court for the county of Logan and Territory of Oklahoma, First Judicial District, against the present appellees.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. Payne, the appellant here, filed his bill of complaint in the District Court for the county of Logan and Territory of Oklahoma, First Judicial District, against the present appellees. It was averred in the bill that prior to the passage of the act of Congress of March 2, .1889, provi In conclusion, complainant averred - that he had done all things required by law in order to be entitled to a final patent, and that he was the equitable owner of the land claimed by him; that the Secretary of the Interior had misapplied and misconstrued…
1Opinion of the Court
Me. Justice White,
after stating the case as above reported, delivered the opinion of the court. ■
In sustaining the demurrer the lower courts passed upon but one of the grounds stated therein, namely, that which asserted that the complaint did not set forth a cause of action. This contention went to the merits of the case and called for a decision of the question whether the Secretary of the Interior, upon the facts found by him, properly held that Payne was disqualified from making his alleged entry. As this is the pivotal point in the case and its decision is free from difficulty, we shall…
2Cases cited1 opinion
- Smith v. TownsendSupreme Court of the United States · 1893
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