Lane v. Duncan Townsite Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe respondent, tbe Secretary of tbe Interior, from a judgment of tbe Supreme Court of tbe District of Columbia, gTanting a peremptory writ of mandamus to compel bim to issue a patent for land to a deceased Indian.
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Hearing on an appeal by tbe respondent, tbe Secretary of tbe Interior, from a judgment of tbe Supreme Court of tbe District of Columbia, gTanting a peremptory writ of mandamus to compel bim to issue a patent for land to a deceased Indian. The Court in the opinion stated the facts as follows: This cause is here on appeal from a judgment of the supreme court of the District of Columbia granting appellee The Duncan Townsite Company, a Corporation, relator, a writ of mandamus to compel appellant Franklin K. Lane, as Secretary of the Interior of the United States, to issue a patent for certain…
1Opinion of the CourtJustice Van Orsdel
Undoubtedly, an allotment certificate under the above provision of statute gave to an allottee such an equitable possessory title to the property allotted as to forbid collateral attack, but *66that legal title can only pass to an allottee by patent seems settled by the act of Congress of April 26, 1906 (34 Stat. at L. 137, chap. 1875, Comp. Stat. 1913, sec. 8288), which provides in section 5 thereof that “all patents or deeds to allot-tees and other conveyances affecting lands of any of said tribes shall be recorded in the office of the Commissioner to the Five Civilized Tribes, and when so…
2Cases cited6 opinions
- Cornelius v. KesselSupreme Court of the United States · 1888
- Ballinger v. United States Ex Rel. FrostSupreme Court of the United States · 1910
- United States Ex Rel. Turner v. FisherSupreme Court of the United States · 1911
- Wallace v. AdamsCourt of Appeals for the Eighth Circuit · 1906
- United States Ex Rel. Lowe v. FisherSupreme Court of the United States · 1912
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