King v. McAndrews
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of South Dakota. George H. King brought an action of ejectment in the circuit court of the United States for the district of South Dakota against M. McAndrews, Charles II. Pease, L. C. Rush, and William Lawson to recover possession of lots 8 and 4 and the S. E. % of the S. W. 14 of section 10, in township 104, of range 71 W., of the fifth principal meridian.
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In Error to the Circuit Court of the United States for the District of South Dakota. George H. King brought an action of ejectment in the circuit court of the United States for the district of South Dakota against M. McAndrews, Charles II. Pease, L. C. Rush, and William Lawson to recover possession of lots 8 and 4 and the S. E. % of the S. W. 14 of section 10, in township 104, of range 71 W., of the fifth principal meridian. He alleged in his complaint that lie was the owner and entitled to the possession of the land, and that the defendants wrongfully withheld it from him. The defendants…
1Opinion of the CourtSanborn, Circuit Judge
The only complaint of the trial of this case is that, in the absence of any bill in equity or direct proceeding to avoid the plaintiff’s patent or to charge the legal title under it with a trust in favor of the defendants, the circuit court held it -\»oid on a collateral attack in an action at law. It presents the old question, so often discussed and decided by the supreme court, when is a patent of the United States open to indirect attack? When is it void on its face? In U. S. v. Winona & St. P. R. Co., 67 Fed. 948, 954, 959, 15 C. C. A. 96, 102, 107, 32 U. S. App. 272, 281, 289, in U. S.…
2Cases cited72 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
67 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Boynton v. HaggartCourt of Appeals for the Eighth Circuit · 1903
- Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902
- Franklin v. BiddleCourt of Appeals for the Eighth Circuit · 1925
- Oregon Short Line Railroad v. QuigleyIdaho Supreme Court · 1905
- Phebus v. SearchCourt of Appeals for the Eighth Circuit · 1920
33 more not listed; retrieve them via the Exa API.