Prosser v. Finn
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE' OF WASHINGTON. Finn, the defendant in error, holds a patent from the United States for certain lands in Yakima County, State of Washington, for which' Prosser, the plaintiff in error, had previously made an entry under what is known, as the timber-culture statutes.
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ERROR TO THE SUPREME COURT OF THE STATE' OF WASHINGTON. Finn, the defendant in error, holds a patent from the United States for certain lands in Yakima County, State of Washington, for which' Prosser, the plaintiff in error, had previously made an entry under what is known, as the timber-culture statutes. Asserting that in virtue of such entry he was entitled, under the acts of Congress, to a patent from the United States, Prosser brought the present suit against Finn in one of the courts of Washington, the. relief asked being a decree declaring his right to the lands and requiring the…
1Opinion of the CourtJustice Harlan
' . This case depends upon the construction to be given to § 452, Rev. Stat. If Prosseris original entry was forbidden by the above statute,-then nothing stood in the way of that entry béing canceled by order of the Secretary of the Interior in a .proceeding that directly involved its validity. On the other hand, if he acquired any right by virtue of his entry, the judgment to the contrary by the Land' Department was an error of law which could be corrected by a decree declaring that the title was held in trust for him by the defendant. The principle . is well settled that “where one party…
2Cases cited4 opinions
- Cornelius v. KesselSupreme Court of the United States · 1888
- Bernier v. BernierSupreme Court of the United States · 1893
- Silver v. LaddSupreme Court of the United States · 1869
- Wells v. NicklesSupreme Court of the United States · 1882
3Cited by16 opinions
- United States v. Mississippi Valley Generating Co.Supreme Court of the United States · 1961
- The Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. Homestake Mining Co.Court of Appeals for the Eighth Circuit · 1984
- Waskey v. HammerSupreme Court of the United States · 1912
- Ewert v. BluejacketSupreme Court of the United States · 1922
- Security-First Nat. Bank v. Rindge Land & Navigation Co.Court of Appeals for the Ninth Circuit · 1936
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