Dunn v. Barnum
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. Statement by Caldwell, Circuit Judge: This suit was brought by Augustus K. Barnum on behalf of himself and numerous other persons who joined with him, in the state court, under section 4,, c. 75, Gen. St. Minn. 1878, p. 814, to remove a cloud from, and quiet the title to, the lands described in the bill.
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Appeal from the Circuit Court of the United States for the District of Minnesota. Statement by Caldwell, Circuit Judge: This suit was brought by Augustus K. Barnum on behalf of himself and numerous other persons who joined with him, in the state court, under section 4,, c. 75, Gen. St. Minn. 1878, p. 814, to remove a cloud from, and quiet the title to, the lands described in the bill. The defendants removed the suit to the circuit court upon the ground of diverse citizenship. An answer was filed and much testimony taken, and on .the final hearing the court below rendered a decree in…
1Opinion of the Court
Caldwell, Circuit Judge.
The original entry by Poncin was void, and in virtue of that entry neither he nor his grantees acquired any legal or equitable right or title to the land. But the act of congress provided that, when Poncin paid the entrance money pursuant to the requirements of the act, the first entry should be “allowed and reinstated as of the date of said entry, so that the title to said lands may inure to the benefit of his grantees so far as he may have conveyed the same. ” When Poncin paid the entrance money and received a patent under this act, the title related back to the date…
2Cases cited23 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Oliver v. PiattSupreme Court of the United States · 1845
- Baker v. HumphreySupreme Court of the United States · 1880
- May v. Le ClaireSupreme Court of the United States · 1871
- Vattier v. HindeSupreme Court of the United States · 1833
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3Cited by4 opinions
- Lawley v. HickenlooperUtah Supreme Court · 1922
- Rabbit v. AtkinsonCalifornia Court of Appeal · 1941
- Smith v. BrownCourt of Appeals for the Fifth Circuit · 1925
- Mackay v. GabelU.S. Circuit Court for the District of Southern California · 1902