Guaranty Savings Bank v. Bladow
Supreme Court of the United States
ERROR TO THE FOURTH JUDICIAL DISTRICT COURT FOR RICHLAND COUNTY, NORTH. DAKOTA.' ' This action was brought to foreclose a mortgage, owned by the plaintiff in error, upon certain land in North Dakota which the defendant in error claimed was his, and not subject to the lien of the mortgage.' It was brought in the proper state court, and the trial resulted in a judgment in favor of the defendant, declaring him to be the owner of the land; that the mortgage of the plaintiff in…
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ERROR TO THE FOURTH JUDICIAL DISTRICT COURT FOR RICHLAND COUNTY, NORTH. DAKOTA.' ' This action was brought to foreclose a mortgage, owned by the plaintiff in error, upon certain land in North Dakota which the defendant in error claimed was his, and not subject to the lien of the mortgage.' It was brought in the proper state court, and the trial resulted in a judgment in favor of the defendant, declaring him to be the owner of the land; that the mortgage of the plaintiff in error was no lien upon it, and that it should be cancelled as an apparent cloud upon the title of the deféndant. The…
1Opinion of the CourtJustice Peckham
When Anderson obtained the decision of the register and receiver upon his application for the land it was subject to the power of the land department to review the judgment of those officers, and, upon facts showing that the entry was fraudulent, the department had power to cancel it. This could be done upon the same evidence which was before the register and receiver, and at least, upon notice to the party entering the land. Although the power to review and to cancel is not arbitrary or unlimited, and does not prevent judicial inquiry in regard to its exercise, in some appropriate form, yet…
2Cases cited2 opinions
- Orchard v. AlexanderSupreme Court of the United States · 1895
- Parsons v. VenzkeSupreme Court of the United States · 1896
3Cited by24 opinions
- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- United States v. Detroit Timber & Lumber Co.Court of Appeals for the Eighth Circuit · 1904
- Standard Oil Co. of California v. United StatesCourt of Appeals for the Ninth Circuit · 1940
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