Legal Opinion

Gertgens v. O'CONNOR

Supreme Court of the United States

Decided November 30, 1903No. 65PublishedCited by 10 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP MINNESOTA. This was an action in ejectment commenced on February 15, 1900, by John P. O’Connor against Jacob Gertgens, in the District Court of the Sixteenth Judicial District of the State of Minnesota, to recover possession of the southwest! of section 9, township 125, range 45 west. The defendant appeared and' answered.

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ERROR TO THE SUPREME COURT OP THE STATE OP MINNESOTA. This was an action in ejectment commenced on February 15, 1900, by John P. O’Connor against Jacob Gertgens, in the District Court of the Sixteenth Judicial District of the State of Minnesota, to recover possession of the southwest! of section 9, township 125, range 45 west. The defendant appeared and' answered. A trial was had before the court without a jury, resulting in a judgment for the plaintiff, which was, on April 4, 1902, affirmed by the Supreme Court of the State, 85 Minnesota, 481,- and thereupon this writ of error was sued out.…

1Opinion of the CourtJustice Brewer

The patent was issued to Ireland after a contest between him and the defendant, in which the several officials of the Land Department, from the local officers to the Secretary of" the Interior, sustained his contention. The decisions of the Land Department in such contest cases are conclusive upon all questions of fact. Burfenning v. Chicago &c. Railway, 163 , U. S. 321, 323, and cases cited; Johnson v. Drew, 171 U. S. 93, 99; Gardner v. Bonestell, 180 U. S. 362; De Cambra v. Rogers, 189 U. S. 119. The patent passed the legal title to Ireland. It devolved upon the defendant, contesting…

2Cases cited4 opinions

  1. United States v. Winona & St. Peter RailroadSupreme Court of the United States · 1897
  2. De Cambra v. RogersSupreme Court of the United States · 1903
  3. Johnson v. DrewSupreme Court of the United States · 1898
  4. Gardner v. BonestellSupreme Court of the United States · 1901

3Cited by10 opinions

  1. Logan v. DavisSupreme Court of the United States · 1914
  2. Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
  3. Krueger v. United StatesSupreme Court of the United States · 1918
  4. Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
  5. Harvey v. HollesU.S. Circuit Court for the District of Northern Iowa · 1908

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