Vantongeren v. Heffernan
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Grant county; Hon. L. K. Church, Judge. The doctrine has been long settled and uniformly upheld that, while the legal title to lands remain in the United States, and proceedings for acquiring this title are yet in fieri, the courts will not interfere to control the exercise of the power vested in the land department of the government.
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Appeal from the district court of Grant county; Hon. L. K. Church, Judge. The doctrine has been long settled and uniformly upheld that, while the legal title to lands remain in the United States, and proceedings for acquiring this title are yet in fieri, the courts will not interfere to control the exercise of the power vested in the land department of the government. All conflicts arising out of these proceedings, and all questions pertaining thereto prior to the issuance of the patent, belong exclusively to that department for adjustment. U. S. v. Sclmrz, 102 U. S. 396; Forbes v. Driscoll,…
1Opinion of the Court
Tump, G. J.
This is an action in the nature of a suit in •equity, brought by the plaintiff, Francis Vantongeren, against the defendants, John Heffernan and Michael Brennan, to quiet title to certain lands situated in the county of Grant, Dak. The action was tried before a referee; and the facts found by the referee show that the plaintiff, Francis Vantongeren, on the 2d day of January, A. D. 1880, entered the S. W. J of section ’21, township 121, range 47, under the pre-emption law, and that Michael Brennan, defendant, on the 7th day of December, 1880, entered the N. W. | of the same section,…
2Cases cited41 opinions
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- United States v. SchurzSupreme Court of the United States · 1880
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- Parsons v. VenzkeNorth Dakota Supreme Court · 1894
- United States v. Wiley's Cove RanchCourt of Appeals for the Eighth Circuit · 1961
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