Legal Opinion

Germania Iron Co. v. James

Court of Appeals for the Eighth Circuit

Decided October 10, 1898No. 1,047PublishedCited by 22 opinions

Appeal from the Circuit Court of the United States for the District of Minnesota. This is an appeal from a judgment which sustained a demurrer to a bill brought to devest the title to certain land in section 30, township 63 N., of range 11 W. of the fourth P. M., in the state of Minnesota, from the appellees, Houghton E. James and others, and to vest it in the appellant, on the ground that through an error in law the secretary of the iuterior caused a patent to this land to…

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Appeal from the Circuit Court of the United States for the District of Minnesota. This is an appeal from a judgment which sustained a demurrer to a bill brought to devest the title to certain land in section 30, township 63 N., of range 11 W. of the fourth P. M., in the state of Minnesota, from the appellees, Houghton E. James and others, and to vest it in the appellant, on the ground that through an error in law the secretary of the iuterior caused a patent to this land to be issued to one Craig, from whom the appellees derived their claim, when, in the absence of that error, he would have…

1Opinion of the CourtSanborn, Circuit Judge

(after stating the facts). The “land department of the United States (including in that term the secretary of the interior, the commissioner of the general land office, and their subordinate officers) constitutes a special tribunal, vested with the judicial power to hear and determine the claims of all parties to the public lands which it is authorized to dispose of.” 9 Stat. 395, c. 108, § 3; Rev. St. pp. 441, 453; U. S. v. Winona & St. P. R. Co., 15 C. C. A. 96, 163, 67 Fed. 948, 955, and 32 U. S. App. 272, 283. It is a part of the daily business of that tribunal to hear evidence and…

2Cases cited7 opinions

  1. Cornelius v. KesselSupreme Court of the United States · 1888
  2. United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
  3. Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895
  4. Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
  5. Bogan v. Edinburgh American Land Mortg. Co.Court of Appeals for the Eighth Circuit · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
  2. Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
  3. Sheridan-Wyoming Coal Co. v. KrugCourt of Appeals for the D.C. Circuit · 1948
  4. Howe v. ParkerCourt of Appeals for the Eighth Circuit · 1911
  5. Sheridan-Wyoming Coal Co. v. KrugCourt of Appeals for the D.C. Circuit · 1949

17 more not listed; retrieve them via the Exa API.

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