Brown v. Hitchcock
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. ON May 10, 1898, the appellant, as plaintiff, filed in the Supreme Court of the District of.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. ON May 10, 1898, the appellant, as plaintiff, filed in the Supreme Court of the District of. Columbia his bill, setting forth, besides certain jurisdictional 'matters, the Swamp Land Act of September 28,1850, c. 84, 9 Stat. 519; the. extension of that act to all the States by the act -of March 12, 1860, c. 5, 12 Stat. 3; a selection of lands thereunder by the State of Oregon (evidenced by what is called “ List No. 5,”) and an approval on September 16, 1882, of that selection by the Secretary of the Interior; a purchase in 1880 from…
1Opinion of the CourtJustice Brewer
Under the Swamp Land Act the legal title passes only on delivery of the patent. So the statute in terms declares. The second section provides that the Secretary of the Interior, “ at the request of said Governor [the Governor of the State,] cause a patent to be issued to the State therefor; and on that patent, the fee simple to said lands shall vest in the said State.” Rogers Locomotive Works v. American Emigrant Company, 164 U. S. 559, 574; Michigan Land & Lumber Co. v. Rust, 168 U. S. 589, 592.
In this case the record discloses.no patent, and therefore no passing of the legal title. Whatever…
2Cases cited6 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- United States v. SchurzSupreme Court of the United States · 1880
- Cornelius v. KesselSupreme Court of the United States · 1888
- Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
- Orchard v. AlexanderSupreme Court of the United States · 1895
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3Cited by85 opinions
- Best v. Humboldt Placer Mining Co.Supreme Court of the United States · 1963
- Duncan Townsite Co. v. LaneSupreme Court of the United States · 1917
- Boesche v. UdallSupreme Court of the United States · 1963
- Oregon v. HitchcockSupreme Court of the United States · 1906
- Alfred Coleman and Edward J. McClennan v. United StatesCourt of Appeals for the Ninth Circuit · 1966
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