Stoneroad v. Stoneroad
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. In 1854 Congress passed “An act to establish the offices of Surveyor General of New Mexico, Kansas, and Nebraska, to grant donations to actual settlers therein, and for other purposes.”
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. In 1854 Congress passed “An act to establish the offices of Surveyor General of New Mexico, Kansas, and Nebraska, to grant donations to actual settlers therein, and for other purposes.” Act of July 22,1854, c. 103,10 Stat. 308. Sections 8 and 9 of this law read as follows: “ Seo. 8.' And be it further enacted, That it shall be the duty of the Surveyor General, under such instructions as may be given by the Secretary of the Interior, to ascertain the origin, nature, character, and extent of all claims to lands under the laws, usages,…
1Opinion of the Court
Me. Justice White,,
after stating the case, delivered the
oDinion of the court.
The first and fundamental question is, did the act of Congress of 1860, which confirmed, the claim of Preston Beck, Jr., as recommended by the Surveyor General, provide for, or by ngcessary intendment contemplate that a survey of the grant .should be made in order to separate the land embraced within it from the public domain ? And we are not relieved from the consideration of this question by the admission made by the parties to the suit, that the confirmation was “ absolute and without any condition whatever.” This…
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