Legal Opinion

Bogan v. Edinburgh American Land Mortg. Co.

Court of Appeals for the Eighth Circuit

Decided September 10, 1894No. 438PublishedCited by 38 opinions

Appeal from the Circuit Court of the United States for the District of Xorth Dakota. This was a bill by the Edinburgh American Land Mortgage Company, Limited, against Patrick Bogan, to compel defendant to convey certain land to complainant. There was a decree for complainant, and defendant appeals.

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Appeal from the Circuit Court of the United States for the District of Xorth Dakota. This was a bill by the Edinburgh American Land Mortgage Company, Limited, against Patrick Bogan, to compel defendant to convey certain land to complainant. There was a decree for complainant, and defendant appeals. This is an appeal from a decree of the circuit court for the district of North Dakota to the effect that the appellant, Patrick Bogan, holds the patent to a quarter section of land in that district in trust for the Edinburgh American Land Mortgage Company,- Limited, a corporation, and that he shall…

1Opinion of the CourtSaeboee, Circuit Judge

On December 21, 1881, under section 2259. of the Eevised Statutes, the United States sold the land in dispute to one who had then declared his intention to become a citizen, received the purchase price, and issued to him the usual final receipt or patent certificate. Upon the statements contained in that receipt the mortgage company loaned its money, and by the foreclosure of its mortgage acquired all the rights of the purchaser. Had the commissioner of the general land office the right to declare a forfeiture of the rights of the mortgagor and of .the lien of the mortgage 10 months later,…

2Cases cited21 opinions

  1. Johnson v. TowsleySupreme Court of the United States · 1871
  2. Moore v. RobbinsSupreme Court of the United States · 1878
  3. Silver v. LaddSupreme Court of the United States · 1869
  4. Lindsey v. HawesSupreme Court of the United States · 1863
  5. Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826

16 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
  2. Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
  3. James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
  4. United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
  5. Deweese v. SmithCourt of Appeals for the Eighth Circuit · 1901

33 more not listed; retrieve them via the Exa API.

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