Carter v. Ruddy

Citations

• 166 U.S. 493
• 17 S. Ct. 640
• 41 L. Ed. 1090
• 1897 U.S. LEXIS 2043

Syllabus

<p>Generally a patent is necessary for transfer of the legal title to public-lands.</p> <p>It is well settled that an action of ejectment cannot be maintained in the-courts of the United States on a merely equitable title; and there is nothing in this case to exempt it from the rule that a patent is necessary to convey legal title.</p> <p>The verdict of a jury determines questions of fact at issue and this court cannot review such determination, or examine the testimony fu'rtherthan to see that there was sufficient to justify the conclusions reached. If the trial court gives the law fully and accurately, covering all the ground necessary to advise the jury of the rights of the parties, it is not necessary to instruct them in the very language of counsel.</p> <p>When a tract of land is held as a separate and distinct tract, with boundaries designated so that they may be known, the possession by the owner or his tenants of a part operates as a possession of all; but if the tract is cut up into distinct lots, marked and treated as distinct tracts, the claimant to all must show possession of all.</p>