Hussman v. Durham
Supreme Court of the United States
ERROR TO THE SÚFREME COURT OF THE STATE OF IOWA. This case comes up on error to the Supreme Court of the State of Iowa. • The facts are these: On May 19, 1858, Robert Craig located bounty land warrant No. 27,911, issued to William Long under the act of Congress of March 3, 1855, c. 207,10 Stat. 701, upon the land in controversy, and obtained from the proper land officer a certificate of location.
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ERROR TO THE SÚFREME COURT OF THE STATE OF IOWA. This case comes up on error to the Supreme Court of the State of Iowa. • The facts are these: On May 19, 1858, Robert Craig located bounty land warrant No. 27,911, issued to William Long under the act of Congress of March 3, 1855, c. 207,10 Stat. 701, upon the land in controversy, and obtained from the proper land officer a certificate of location. This certificate was recorded in the office of the recorder of Carroll County, the county in which the land is situated. No patent was issued thereon. On February 1, 1864, the Secretary of the…
1Opinion of the CourtJustice Brewer
A motion to dismiss was submitted by the defendant in error, but -as the Supreme Court of the State held that the equitable title apparently conveyed by the proceedings in the United States Land Office in 1858 was- of no effect, and the tax titles based thereon of no validity, it is apparent that a right claimed undér the authority of the United States was denied, and, therefore, this court has jurisdiction.
On the merits of the case we remark that,while it is undoubtedly true that when the full equitable title has passed from the government, even prior to the issue of a patent conveying the…
2Cases cited11 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Carroll v. SaffordSupreme Court of the United States · 1845
- Tucker v. FergusonSupreme Court of the United States · 1875
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
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3Cited by44 opinions
- Irwin v. WrightSupreme Court of the United States · 1922
- State v. HarmanWest Virginia Supreme Court · 1905
- State v. West Branch Lumber Co.West Virginia Supreme Court · 1908
- Copp v. StateWest Virginia Supreme Court · 1911
- McCarthy v. Union Pac. Ry. Co.Wyoming Supreme Court · 1942
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