Payne v. United States Ex Rel. Newton
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OP THE DISTRICT OP COLUMBIA. The case is stated in. the opinion. A writ of mandamus should not issue in this case, in view of the pendency of the suit in equity brought to cancel for fraud the receipt and certificate issued on relator’s entry.
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ERROR TO THE COURT OF APPEALS OP THE DISTRICT OP COLUMBIA. The case is stated in. the opinion. A writ of mandamus should not issue in this case, in view of the pendency of the suit in equity brought to cancel for fraud the receipt and certificate issued on relator’s entry. Knight v. United Stales Land Association, 142 U. S. 161, 178; Turner v. Fisher, 222 U. S. 204; Power v. Rose, 219 Illinois, 46, 58, 59. To require the Government to wait until patent issued before bringing suit to vindicate its rights might result in serious embarrassment. It might, for instance, be urged in defense of such…
1Opinion of the CourtJustice Van Devanter
This was a pétition to the Supreme Court of the District of Columbia for a writ of mandamus commanding the Secretary of the Interior and the Commissioner of the General Land Office to pass a homestead entry to patent. A demurrer to the answer was sustained, the defendants elected to stand on the answer, and a judgment awarding the writ was entered. The Court of Appeals affirmed the judgment, 48 App. D. C. 547, and the defendants prosecute this writ of error under § 250, cl. 6, of the Judicial Code.
The important statute, the construction of which is drawn in question by the defendants, is &…
2Cases cited2 opinions
- Brown v. HitchcockSupreme Court of the United States · 1899
- Lane v. HoglundSupreme Court of the United States · 1917
3Cited by9 opinions
- Stockley v. United StatesSupreme Court of the United States · 1923
- Wilson v. Elk Coal Co.Court of Appeals for the Ninth Circuit · 1925
- Darrell Zwang and Elodymae Zwang v. Stewart L. Udall, as Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1967
- Goodman v. ParwatikarDistrict Court, E.D. Missouri · 1977
- United States v. Bothwell Co.District Court, D. Wyoming · 1925
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