Legal Opinion

United States v. Stinson

Supreme Court of the United States

Decided March 13, 1905No. 153PublishedCited by 81 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This suit was commenced in thé Circuit Court of the United States for the Western District of Wisconsin on February 25, 1895, to set aside the patents for fourteen quarter sections of land, charged to have been fraudulently acquired by the. defendant James Stinson.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This suit was commenced in thé Circuit Court of the United States for the Western District of Wisconsin on February 25, 1895, to set aside the patents for fourteen quarter sections of land, charged to have been fraudulently acquired by the. defendant James Stinson. The lands were entered under the preemption laws in 1854, 1855, by different individuals, and immediately thereafter conveyed by them to James Stinson. The Government, as admitted, received one dollar and twenty-five cents per acre, the statutory- price for lands so…

1Opinion of the Court

Mr. Justice Brewer,

after making the foregoing statement, delivered the opinion of the court.,; While the • Government, like an individual, may maintain any appropriate action to set aside its grants and recover property of which it has been defrauded, and while laches or limitation ^do not of themselves constitute a distinct defense as against it, yet certain propositions in respect to such an action have been fully established. First, the respect due to a patent; the presumption that all the preceding steps required by law have been observed before its issue; the immense importance and…

2Cases cited11 opinions

  1. United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
  2. Maxwell Land-Grant CaseSupreme Court of the United States · 1887
  3. United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
  4. Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
  5. United States v. California & Oregon Land Co.Supreme Court of the United States · 1893

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3Cited by81 opinions

  1. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  2. United States v. Georgia-Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970
  3. Driscoll v. Burlington-Bristol Bridge Co.Supreme Court of New Jersey · 1952
  4. Pan American Petroleum & Transport Co. v. United StatesSupreme Court of the United States · 1927
  5. Wright-Blodgett Co. v. United StatesSupreme Court of the United States · 1915

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