Legal Opinion

United States v. Stone

Supreme Court of the United States

Decided January 18, 1865PublishedCited by 123 opinions

The United States, by treaty with the Delaware Indians, in 1818, agreed to provide for them a country to reside in; and in 1829, by supplementary treaty, agreed that the country in the fork of the Kansas and Missouri Rivers, extending “ up the Missouri to Camp Leavenworth,” should be conveyed and secured to them as their said home..

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The United States, by treaty with the Delaware Indians, in 1818, agreed to provide for them a country to reside in; and in 1829, by supplementary treaty, agreed that the country in the fork of the Kansas and Missouri Rivers, extending “ up the Missouri to Camp Leavenworth,” should be conveyed and secured to them as their said home.. A Senate resolution of 29th May, 1830, ratifying this treaty, provided that the President should employ a surveyor to run the lines, to establish certain and notorious landmarks, and to distinguish the boundaries of the granted country, in the presence of dn agent…

1Opinion of the CourtJustice Grieb

A patent is the highest evidence of title, and is conclusive as against the Government, and all claiming under junior patents or titles, until it is set aside or annulled by some judicial tribunal. In England this was originally done by scire facias, but a bill in chancery is found a. more convenient remedy.

Nor is fraud in the patentee the only ground upon which a bill will be sustained. Patents are sometimes issued unadvisedly or by mistake, where the officer has no authority in law to grant them, or where another party has a higher equity and should have received the patent. In such cases…

2Cited by123 opinions

  1. Luria v. United StatesSupreme Court of the United States · 1913
  2. Rosebud Sioux Tribe v. KneipSupreme Court of the United States · 1977
  3. United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
  4. Johannessen v. United StatesSupreme Court of the United States · 1912
  5. United States v. SchurzSupreme Court of the United States · 1880

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