Legal Opinion

United States v. Commonwealth Title Insurance & Trust Co.

Supreme Court of the United States

Decided April 4, 1904No. 172PublishedCited by 10 opinions

APPEAL FROM THE COURT OF CLAIMS. The facts are stated in the opinion of the court. Thefacts found by the court below do not support the judgment rendered.

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APPEAL FROM THE COURT OF CLAIMS. The facts are stated in the opinion of the court. Thefacts found by the court below do not support the judgment rendered. The findings of fact by the court of claims are a special verdict and determine all mattery of fact like the verdict of a jury, United States v. Smith, 94 U. S. 214; Stone v. United States, 164 U. S. 380, and,- like every other special verdict, they must contain óf and in themselves, without the slightest reference to the testimony, or by any process of. piecing together,-every essential fact necessary for the resultant judgment.- The…

1Opinion of the CourtJustice McKenna

The question involved in this case is whether- a mortgagee who has foreclosed his mortgage and purchased the property mortgaged at sheriff’s sale under a decree of the court is an assignee of the owner of the land within section 2 of -an act of Congress approved June 16, 1880. 21 Stat. 287.

The section reads as follows:

“Sec. 2. In all cases where homestead or timber-culture or desert-land entries or other entries of public lands have heretofore or shall hereafter be cancelled for conflict, or where from any cause the entry has been, erroneously allowed and cannot be confirmed, the Secretary of…

2Cases cited1 opinion

  1. Hoffeld v. United StatesSupreme Court of the United States · 1902

3Cited by10 opinions

  1. United States v. Colorado Anthracite Co.Supreme Court of the United States · 1912
  2. Causey v. United StatesSupreme Court of the United States · 1916
  3. Forbes v. United StatesCourt of Appeals for the Fifth Circuit · 1920
  4. Matter of North American Dealer Group, Inc.United States Bankruptcy Court, E.D. New York · 1982
  5. Stannard v. MarboeSupreme Court of Minnesota · 1924

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