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Doolan Vs. Carr

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  • US Supreme Court
  • Nov 21, 1887

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73 entries 9 linked 64 unlinked
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  1. Wilcox Vs. Jackson US Supreme Court · Jan 01, 1839
  2. Stoddard Vs. Chambers US Supreme Court · Jan 01, 1844
  3. Easton Vs. Salisbury US Supreme Court · Jan 01, 1858
  4. Reichart Vs. Felps US Supreme Court · Jan 01, 1867
  5. Best Vs. Polk US Supreme Court · Jan 01, 1873
  6. Newhall Vs. Sanger US Supreme Court · Jan 01, 1875
  7. Sherman Vs. Buick US Supreme Court · Jan 01, 1876
  8. Simmons Vs. Wagner US Supreme Court · Jan 01, 1879
  9. Ehrhardt Vs. Hogaboom US Supreme Court · May 04, 1885
  10. U.S. 618 (1887) U.S. Supreme Court Doolan v. Carr
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  11. U.S. 618 (1887) Doolan v. Carr
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  12. on this subject are so full and decisive that a reference to a few of them is all that is necessary. Polk's Lessee v. Wendall
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  13. New Orleans v. United
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  14. Leavenworth Railroad v. United
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  15. Smelting Co. v. Kemp
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  16. Steel v. Smelting
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  17. Kansas Pacific Railway Co. v. Dunmeyer
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  18. Reynolds v. Iron
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  19. Silver Mining Co., 116 U. S. 689 . The case of Polk's Lessee v. Wendall
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  20. the testimony of this point, the circuit court erred. The judgment was therefore reversed. The case of Wilcox v. Jackson
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  21. the land was not subject to entry. In the opinion of the Supreme Court on this subject, the language used in Elliott v. Peirsol
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  22. In Stoddard v. Chambers
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  23. These principles were recognized in and governed the decision of the Court in Easton v. Salisbury
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  24. In Reichart v. Felps
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  25. held to be conclusive evidence that the land was so reserved, and defeated the patents of 1838 and 1853. In Best v. Polk
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  26. of the treaty, and that the patent under which the plaintiff claimed was therefore void, citing also Polk's Lessee v. Wendall
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  27. and Bagnell v. Broderick
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  28. Pet. 436. In the case of Reynolds v. Iron
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  29. want of power in the officers to issue it, and the facts which show that want of power, we come to the case of Newhall v. Sanger
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  30. Railroad v. United
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  31. States, 92 U. S. 733 , decided at the same time with Newhall v. Sanger
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  32. In the case of Newhall v. Sanger
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  33. to make such proof, if the person who offers it is in a position to do so, it is only necessary to refer to Simmons v. Wagner
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  34. have misinterpreted the cases on this subject, that has always been the doctrine of this Court. In Polk's Lessee v. Wendall
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  35. dated April 17, 1800, and the question was whether, as against the second patent the first was good. In Wilcox v. Jackson
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  36. the mass of public lands, and that its sale by the officers of the government was unauthorized and void. In Stoddard v. Chambers
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  37. and consequently the location of the certificate was unauthorized, and the patent thereunder invalid. In Easton v. Salisbury
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  38. How. 426, the question arose upon substantially the same facts and was decided in the same way. In Reichart v. Felps
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  39. and therefore the patents were inoperative and void. In Best v. Polk
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  40. and consequently no title could be acquired under it. In Newhall v. Sanger
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  41. to contest the validity of the elder patent to the company. The case of Leavenworth, Lawrence & Galveston Railroad v. United
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  42. railroad company to quiet its title to lands claimed by the company under a land grant. That of Kansas Pacific Railway v. Dunmeyer
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  43. of a patent from the United States issued on a homestead entry made subsequently. Sherman Page 125 U. S. 636 v. Buick
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  44. of lots in the townsite of Leadville which had been reserved from sale prior to the location of the claim. In Reynolds v. Iron
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  45. as located on the surface, and extended vertically downwards, if known to exist when the patent was issued. In Wright v. Roseberry
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  46. that if he who seeks to contest the patent is a volunteer, a mere intruder, he will not be heard. Thus, in Hoofnagle v. Anderson
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  47. be direct, not collateral, as authority to proceed had been given by the government for that purpose. In Cooper v. Roberts
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  48. So in Field v. Seabury
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  49. the grantee. It seems to me clear that the same rule applies plies to questions of illegality. The case of Spencer v. Lapsley
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  50. The last case in this Court to which I will refer in the present connection is Ehrhardt v. Hogaboom
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