Carothers v. Mayer

Citations

• 164 U.S. 325
• 17 S. Ct. 106
• 41 L. Ed. 453
• 1896 U.S. LEXIS 1866

Syllabus

<p>In an action of ejectment in a state court by a plaintiff claiming real estate under a patent from the United States for a mining claim, a ruling by the state court that the statute of limitations .did not begin to run against the claim until the patent had been issued presents no Federal question.</p> <p>So, too, a ruling that matters alleged as an estoppel having taken place before the time when plaintiffs made their application for a patent, and notice of such application having been given, all adverse claimants were given an opportunity to contest the applicant’s right to a patent, and that, the patent having been issued, it was too late to base a defence upon facts existing prior thereto, presents no Federal question.</p>