Legal Opinion

Lane v. Watts

Court of Appeals for the D.C. Circuit

Decided December 1, 1913No. 2584Published

Hearing on an appeal by the defendants, the Secretary of the Interior and the Commissioner of the General Land Office, from a decree of the Supreme Court of the District of Columbia enjoining them from proceeding in the matter of certain attempted entries under the public land laws. The Court in the opinion stated the facts as follows: This appeal is from a decree in the supreme court of the District enjoining Franklin II.

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Hearing on an appeal by the defendants, the Secretary of the Interior and the Commissioner of the General Land Office, from a decree of the Supreme Court of the District of Columbia enjoining them from proceeding in the matter of certain attempted entries under the public land laws. The Court in the opinion stated the facts as follows: This appeal is from a decree in the supreme court of the District enjoining Franklin II. Lane, the Secretary of the Interior, and Clay Tallman, the Commissioner of the General Land Office, from proceeding in the matter of certain attempted entries under the…

1Opinion of the CourtJustice Robb

Appellants contend that the title to this land was not to pass from the United States to the heirs of Baca, unless and until the surveyor general should survey and examine the same, and report to the Department that such survey and examination disclosed that the land was vacant and not mineral, June 1Y, 1863. Appellees insist, on the other hand, and the court below adopted their view, that the title to this land passed out of the United States and vested in the heirs of Baca on April 9, 1864. If title did so pass, it is plain that what remained to bo done after the survey had been made,…

2Cases cited11 opinions

  1. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  2. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  3. Moore v. RobbinsSupreme Court of the United States · 1878
  4. Board of Liquidation v. McCombSupreme Court of the United States · 1876
  5. United States v. StoneSupreme Court of the United States · 1865

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