Duluth & Iron Range Railroad v. Roy
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. This is an action to quiet title to the northwest quarter of section number three, in township number sixty-one, north ff range number fifteen west of the fourth P. M., State of Minnesota. It was brought in the district court of the eleventh judicial listrict of the State against the plaintiff in error and one John VTegins. One Moses D. Kenyon was afterwards made a party.
Read the full summary
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. This is an action to quiet title to the northwest quarter of section number three, in township number sixty-one, north ff range number fifteen west of the fourth P. M., State of Minnesota. It was brought in the district court of the eleventh judicial listrict of the State against the plaintiff in error and one John VTegins. One Moses D. Kenyon was afterwards made a party. The pleadings consisted of the complaint, separate answers ff the defendants and replies of the plaintiff, (defendant in error,) which respectively set up the titles,…
1Opinion of the CourtJustice McKeNNA
Do the facts entitle the defendant in error to the relief which was awarded him by the state courts ?
It is now too well 'established to need argument to support .or a citation of authorities, that whén a patent is obtained from the United States by fraud, mistake or imposition, the question thence arising becomes one -of private right, and the courts in a proper proceeding and in execution of justice Will divest or control the title, thereby acquired either by compelling a conveyance to the plaintiff or by quieting his title as against the defendants, and enjoining them from asserting theirs.…
2Cases cited7 opinions
- Lee v. JohnsonSupreme Court of the United States · 1885
- Lytle v. the State of ArkansasSupreme Court of the United States · 1850
- Williams v. United StatesSupreme Court of the United States · 1891
- SPARKS & Another v. PIERCE & OthersSupreme Court of the United States · 1885
- Ard v. BrandonSupreme Court of the United States · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
- Camp v. BoydSupreme Court of the United States · 1913
- Kenneth M. Kale v. The United States of AmericaCourt of Appeals for the Ninth Circuit · 1973
- American Indians Residing on the Maricopa-Ak Chin Reservation v. United StatesUnited States Court of Claims · 1981
- St. Paul, Minneapolis & Manitoba Railway Co. v. OlsonSupreme Court of Minnesota · 1902
25 more not listed; retrieve them via the Exa API.