United States v. Poland
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. Among the points presented by them was the following: ■. Assuming that the granting of the patent to survey No. 242 resulted from a mistake of fact and law in the minds of the officers of the Land Department, but without any act of fraud on the part of the'patentee, the complaint is open to demurrer for want of an allegation of the return or tender of the return of the…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. Among the points presented by them was the following: ■. Assuming that the granting of the patent to survey No. 242 resulted from a mistake of fact and law in the minds of the officers of the Land Department, but without any act of fraud on the part of the'patentee, the complaint is open to demurrer for want of an allegation of the return or tender of the return of the consideration paid for the entry. Act of June 16, 1880, c. 244, 21 Stat. 287; Brent v. Bank of Washington, 10 Pet. 596, 615;…
1Opinion of the CourtJustice Van Devanter
This is a suit to cancel a pátént issued to William B. Poland for one hundred and sixty acres of'land in Alaska, the gravamen of the complaint being that by this and another patent, both based upon soldiers’ additional homestead rights, Poland acquired a single body of land of larger acreage than was permitted by the statute under which the patents were sought and issued... The defendants, who were the patentee and another claiming under him, separately demurred to the complaint, and the court sustained the demurrers and dismissed the suit. That decision was affirmed by the Circuit Court of…
2Cases cited5 opinions
- Webster v. LutherSupreme Court of the United States · 1896
- Wright-Blodgett Co. v. United StatesSupreme Court of the United States · 1915
- Diamond Coal & Coke Co. v. United StatesSupreme Court of the United States · 1914
- Great Northern Railway Co. v. HowerSupreme Court of the United States · 1915
- Robinson v. LundriganSupreme Court of the United States · 1913
3Cited by8 opinions
- Tendler v. JaffeCourt of Appeals for the D.C. Circuit · 1953
- Leonard J. Specht v. Civil Aeronautics BoardCourt of Appeals for the Eighth Circuit · 1958
- Pan-American Petroleum Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- McMullen v. LewisCourt of Appeals for the Fourth Circuit · 1929
- Consolidation Coal Co. v. YontsCourt of Appeals for the Sixth Circuit · 1928
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