In Re Emblen
Supreme Court of the United States
ORIGINAL. This was a petition of George F. Emblen for a writ of mandamus to the Secretary of the Interior to hear and decide a contest between Emblen and George E. Weed as to a quarter section of land in Colorado.
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ORIGINAL. This was a petition of George F. Emblen for a writ of mandamus to the Secretary of the Interior to hear and decide a contest between Emblen and George E. Weed as to a quarter section of land in Colorado. The petition alleged the following facts: In February, 1885, and long before, the land in question, situated in the Denver land district, Colorado, was á part of the unappropriated public domain, suitable for agricultural purposes, and subject to entry and purchase under the preemption and homestead laws. On February 26, 1885, Weed filed in the land ofiice of that district a…
1Opinion of the CourtJustice Gray
This is an attempt to use a writ.of mandamus to the Secretary of the Interior as a writ of error to review his acts, and to draw into the' jurisdiction of the courts matters which are within the exclusive cognizance of the land department.
By section 2273 of the Revised Statutes, “ When two or more persons settle on the same tract of land, the right of preemption shall be in him who made the first settlement, provided such person conforms to the other provision of the law; and all questions as to the right of preemption arising between different settlers shall be determined by the register and…
2Cases cited7 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Moore v. RobbinsSupreme Court of the United States · 1878
- Marquez v. FrisbieSupreme Court of the United States · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Putnam v. IckesCourt of Appeals for the D.C. Circuit · 1935
- Dredge Corp. v. Husite Co.Nevada Supreme Court · 1962
- Bockfinger v. FosterSupreme Court of the United States · 1903
- Stevens v. PattenSupreme Court of Oklahoma · 1935
- Smith v. CrandallSupreme Court of Louisiana · 1907
18 more not listed; retrieve them via the Exa API.