Moss v. Dowman
Supreme Court of the United States
APPEAL FEOM THE CIECÜIT COUET OF APPEALS FOE THE EIGHTH CIECUIT. On March 17, 1897, a patent was issued to the appellee, defendant below, for the southeast one quarter of section 22, in township 65 north, of range 4 west of the fourth principal meridian, in the State of Minnesota.
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APPEAL FEOM THE CIECÜIT COUET OF APPEALS FOE THE EIGHTH CIECUIT. On March 17, 1897, a patent was issued to the appellee, defendant below, for the southeast one quarter of section 22, in township 65 north, of range 4 west of the fourth principal meridian, in the State of Minnesota. Thereafter, and on March 23, 1897, the appellant, plaintiff below, filed her bill in the Circuit Court of the United States for the District of Minnesota, seeking to charge the defendant as trustee of the legal title for her benefit. To the bill as thus presented a demurrer was filed, which, on November 4, 1897, was…
1Opinion of the CourtJustice Brewer
Repeated rulings of this court have settled that the decisions of the land department in contest cases on questions of fact are conclusive.
Defendant' by taking actual possession on September 19,. 1890, his entry in the land office on November 18, 1890, his continued occupation and proof thereof, was entitled to the patent which was thereafter issued to him, unless other facts found by the department show that as matter of law a superior right was vested in the plaintiff. Such facts it is contended are the successive formal entries in the land office unaccompanied by any actual possession of…
2Cases cited4 opinions
- Lytle v. the State of ArkansasSupreme Court of the United States · 1850
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Bohall v. DillaSupreme Court of the United States · 1885
- Clements v. WarnerSupreme Court of the United States · 1861
3Cited by15 opinions
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Svor v. MorrisSupreme Court of the United States · 1913
- Capron v. Van HornCalifornia Supreme Court · 1927
- Hemphill v. MoyIdaho Supreme Court · 1917
- In Re Utilities Co.Supreme Court of North Carolina · 1919
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