Legal Opinion

Parsons v. Venzke

Supreme Court of the United States

Decided November 2, 1896No. 264PublishedCited by 32 opinions

ERROR TO THE DISTRICT COURT OF RICHLAND COUNTY, STATE OF NORTH DAKOTA. On July 25, 1892, the United States issued a patent for the land in controversy to Gustav Venzke, one of the defendants in error. The other defendants in error are his mortgagees. On January 11, 1883, one Willis B. Simpkins made a preemption entry of the land, and received a receiver’s final receipt, the land at that time being public and subject to preemption entry under the laws of the United States.

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ERROR TO THE DISTRICT COURT OF RICHLAND COUNTY, STATE OF NORTH DAKOTA. On July 25, 1892, the United States issued a patent for the land in controversy to Gustav Venzke, one of the defendants in error. The other defendants in error are his mortgagees. On January 11, 1883, one Willis B. Simpkins made a preemption entry of the land, and received a receiver’s final receipt, the land at that time being public and subject to preemption entry under the laws of the United States. On February 8, 1883, he conveyed the land to Charles J. Wolfe, through whom, by foreclosure of a mortgage, plaintiff in…

1Opinion of the CourtJustice Brewer

Counsel for plaintiff in error challenge the power of the Commissioner of the General Land Office or the Secretary of the Interior to cancel and set aside a preemption entry after the local land officers have approved the evidences offered of settlement and improvement, received the purchase money and issued the receiver’s final receipt. They contend that except in certain specified cases, which are not material for consideration here, the action of the local land officers concludes the government, and the General Land Office has no jurisdiction to supervise such action or correct any wrongs…

2Cases cited1 opinion

  1. Orchard v. AlexanderSupreme Court of the United States · 1895

3Cited by32 opinions

  1. Cameron v. United StatesSupreme Court of the United States · 1920
  2. Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
  3. Alonzo A. Adams v. United StatesCourt of Appeals for the Ninth Circuit · 1963
  4. Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
  5. United States v. Detroit Timber & Lumber Co.Court of Appeals for the Eighth Circuit · 1904

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