Gould v. Tucker
South Dakota Supreme Court
On rehearing. Title passes to government land when final proof is completed regardless of the time of the issuance of the patent. United States v. Freyeberg, 32 Fed. 195. The equitable title to public lands is in the purchaser immediately upon the lawful entry thereon, payment of the purchase money and issue of a Certificate of Purchase. Amadore Median Gold Mining Co. v. South Spring Hill Gold Mining Co. 36 Fed Rep. 663; Smith v. Ewing, 32 Fed.
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On rehearing. Title passes to government land when final proof is completed regardless of the time of the issuance of the patent. United States v. Freyeberg, 32 Fed. 195. The equitable title to public lands is in the purchaser immediately upon the lawful entry thereon, payment of the purchase money and issue of a Certificate of Purchase. Amadore Median Gold Mining Co. v. South Spring Hill Gold Mining Co. 36 Fed Rep. 663; Smith v. Ewing, 32 Fed. Rep. 741. The issuance of a patent after the entryman has completed his final proof is only a ministerial or a clerical act on the part of the…
1Opinion of the CourtFuller, P. J.
Reference to 18 S. D. 281, 100 N. W. 427, will disclose that this appeal now pending on rehearing involves the legal right to subject respondent's undivided interest in a quarter section of land to the payment of a judgment entered against her on account of a promissory note which she and her subsequently deceased husband, James S. Gould, executed and delivered to appellant O. C. Tucker in the year 1893. James S. Gould was the timber culture claimant of the premises in controversy, who upon proof of a compliance with the governing statute obtained a final certificate on the 14th day of…
2Cases cited8 opinions
- Hall v. RussellSupreme Court of the United States · 1880
- Galloway v. FinleySupreme Court of the United States · 1838
- Towner v. RodegebWashington Supreme Court · 1903
- Cooper v. WilderCalifornia Supreme Court · 1896
- Rogers v. ClemmansSupreme Court of Kansas · 1881
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3Cited by8 opinions
- Harris v. LyonArizona Supreme Court · 1914
- Braun v. MathiesonSupreme Court of Iowa · 1908
- Powell v. PowellIdaho Supreme Court · 1912
- Martyn v. OlsonNorth Dakota Supreme Court · 1914
- Blair v. MayerSouth Dakota Supreme Court · 1910
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