Telfener v. Russ
Supreme Court of the United States
CERTIORARI. TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This case was first argued March 5, 6, 1895. On April 8 reargument was ordered before a full bench. The facts, as now stated by the court, are as follows : This case comes up on a writ of certiorari, issued to the United States Circuit Court of Appeals for the Fifth Circuit.
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CERTIORARI. TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This case was first argued March 5, 6, 1895. On April 8 reargument was ordered before a full bench. The facts, as now stated by the court, are as follows : This case comes up on a writ of certiorari, issued to the United States Circuit Court of Appeals for the Fifth Circuit. The action was brought for damages for an alleged breach of a contract, for the sale, by the defendant to the plaintiff, of certain unappropriated public lands of the State of Texas, the right to the title of which he claimed to have acquired from the…
1Opinion of the CourtJustice Field
No right, title or interest in the lands which Russ desired and applied to purchase passed to him solely by his application for the survey. Until that was followed by the survey, map and field-notes of the survey, and they were filed in the General Land Office of the State, it gave no right to 'the applicant to purchase the land.
In White v. Martin, 66 Texas, 340, the court, referring to the act of July 14, 1879, asks the pertinent question, “ How may an applicant for lands under that statute become a purchaser ? ” and replies as follows:
“The statute answers the question. He ‘may do so by…
2Cases cited5 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Campbell v. WadeSupreme Court of the United States · 1889
- Jumbo Cattle Co. v. Bacon & GravesTexas Supreme Court · 1890
- Telfener v. RussSupreme Court of the United States · 1892
- White v. MartinTexas Supreme Court · 1886
3Cited by17 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Southern Colonization Co. v. DerflerSupreme Court of Florida · 1917
- Dennett v. Norwood Housing Ass'nMassachusetts Supreme Judicial Court · 1922
- Michigan Home Colony Co. v. TaborCourt of Appeals for the Eighth Circuit · 1905
- Ferguson v. CasparDistrict of Columbia Court of Appeals · 1976
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