Court : US Supreme Court
Decided on : Jan-01-1867
Stark v. Starrs - 73 U.S. 402 (1867) U.S. Supreme Court Stark v. Starrs, 73 U.S. 6 Wall. 402 402 (1867) Stark v. Starrs 73 U.S. (6 Wall.) 402 ERROR TO THE SUPREME COURT OF OREGON Syllabus 1. Under the statute of Oregon which provides that any person in possession of real property may maintain a suit in equity against another who claims an estate or interest therein adverse to him for the purpose of determining such claim, estate, or interest, a bill will not lie on a possession without some right, legal or equitable, first shown. 2. Under the Act of Congress of September 27, 1850, "to create the office of Surveyor General of the Public Lands of Oregon" (the act commonly known as "The Oregon Donation Act," and stated fully in the case), the right of the claimant to a patent became perfected when the certificate of the Surveyor General, and accompanying proofs, were received by the Commissioner of the General Land Office, and he found no valid objection thereto. 3. The Act o...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1867
Reichart v. Felps - 73 U.S. 160 (1867) U.S. Supreme Court Reichart v. Felps, 73 U.S. 6 Wall. 160 160 (1867) Reichart v. Felps 73 U.S. (6 Wall.) 160 ERROR TO THE SUPREME COURT OF ILLINOIS Syllabus 1. A decision in the highest court of a state against the validity of a patent granted by the United States for land, and whose validity is drawn in question in such court, is a decision against the validity of an authority exercised under the United States, and the subject of reexamination here, although the other side have also set up as their case a similar authority whose validity is by the same decision affirmed. 2. Patents by the United States for land which it has previously granted, reserved from sale, or appropriated, are void. 3. A patent or instrument of confirmation by an officer authorized by Congress to make it, followed by a survey of the land described in the instrument, is conclusive evidence that the land described and surveyed was reserved from sale. 4. Where the...
Tag this Judgment!