Beley v. Naphtaly
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The defendant in error, who was the plaintiff below, brought this action in the Circuit Court of the United States for the Northern District of California to recover the possession of certain lands described in his complaint; and also the value of the rents, issues and profits thereof.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The defendant in error, who was the plaintiff below, brought this action in the Circuit Court of the United States for the Northern District of California to recover the possession of certain lands described in his complaint; and also the value of the rents, issues and profits thereof. He alleged that he was the owner in fee of the lands in question and entitled to their possession, and that while such owner the defendants wrongfully entered upon the lands and ousted him therefrom, and have since wrongfully withheld from him the…
1Opinion of the CourtJustice Peckham
I. The defendant in error .insists that his patent is conclusive evidence that he is a purchaser within the meaning of the seventh section of the statute above quoted, and that no fraud being alleged, no evidence can be received for the purpose of in any other way invalidating the patent issued to him by the Government of the United States.
The patent does not preclude this court from construing the act of 1866, nor does it preclude an inquiry by the court whether the patent was issued without authority or against the expressed will of Congress, as manifested in the statute. Burfenning v.…
2Cases cited8 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- United States v. HodsonSupreme Court of the United States · 1870
- United States v. StoneSupreme Court of the United States · 1865
- Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
- Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wilbur v. United States Ex Rel. KadrieSupreme Court of the United States · 1930
- Tower v. United StatesUnited States Customs Court · 1945
- West v. Standard Oil Co.Supreme Court of the United States · 1929
- Trustees of Tufts College v. Triple R. Ranch, Inc.Supreme Court of Florida · 1973
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
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