Deffeback v. Hawke
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This was an action to recover a parcel of mineral land, situated in the county of Lawrence, in the Territory of Dakota, claimed by the plaintiff under a patent of the United States bearing date on. the 31st of January, 1832. The complaint . alleged that on .the 20th of November, 1877, the plaintiff, being in the actual, peaceable and exclusive possession of the prem-. ises, file'd his application in the United States…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This was an action to recover a parcel of mineral land, situated in the county of Lawrence, in the Territory of Dakota, claimed by the plaintiff under a patent of the United States bearing date on. the 31st of January, 1832. The complaint . alleged that on .the 20th of November, 1877, the plaintiff, being in the actual, peaceable and exclusive possession of the prem-. ises, file'd his application in the United States land office at Deadwood, in that county and Territory, to enter the land as a placer mining claim; that on the 31st of…
1Opinion of the CourtJustice Field
After stating the facts in the language above reported, he continued:
The principal question presented by the pleadings for our consideration, is whether, upon the public domain, title to mineral land can be acquired under the laws of Congress relating to town sites. The plaintiff asserts title to mineral land under a patent of the United States founded upon an entry by him under the laws of Congress for the sale of mineral lands. The defendant, not having the legal title, claims a better right to the premises by virtue of a previous occupation of them by his grantor as a lot on a portion of-…
2Cases cited3 opinions
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- United States v. BowenSupreme Court of the United States · 1880
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- Bate Refrigerating Co. v. SulzbergerSupreme Court of the United States · 1895
- Watt v. Western Nuclear, Inc.Supreme Court of the United States · 1983
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