Knight v. United States Land Assn.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The court stated the case as follows: This was an action of ejectment brought in the superior court in and for the city and county of San Francisco, California, by the United Land Association, a corporation of that State, and one Clinton 0. Tripp, against Thomas Knight, to recover a block of land in that city bounded by Barry, Channel, Seventh and Eighth Streets, and known as block number forty.
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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The court stated the case as follows: This was an action of ejectment brought in the superior court in and for the city and county of San Francisco, California, by the United Land Association, a corporation of that State, and one Clinton 0. Tripp, against Thomas Knight, to recover a block of land in that city bounded by Barry, Channel, Seventh and Eighth Streets, and known as block number forty. The controversy involves an interesting question of title to the property described, the plaintiffs asserting that the premises were below the…
1Opinion of the CourtJustice Lamae
The case as presented by this record involves some very interesting questions. Ever since the decision in Polk's Lessee v. Wendall, 9 Cranch, 87, it has been the settled law of this court that a patent is void at law if the grantor State had no title to the premises embraced in it, or if the officer who issued the patent had .no authority so to do, and that the want of such title or authority can be shown in an action at law. Patterson v. Winn, 11 Wheat. 380, 384; Stoddard v. Chambers, 2 How. 284, 318; Easton v. Salisbury, 21 How. 426; Reichart v. Felps, 6 Wall. 160; Best v. Polk, 18 Wall.…
2Cases cited33 opinions
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- Smelting Co. v. KempSupreme Court of the United States · 1882
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- United States v. PerchemanSupreme Court of the United States · 1833
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