Duluth & Iron Range Railroad v. Roy

Citations

• 173 U.S. 587
• 19 S. Ct. 549
• 43 L. Ed. 820
• 1899 U.S. LEXIS 1463

Syllabus

<p>When a patent of public lands is obtained by inadvertence and mistake; to the injury of a person who had previously initiated the steps required by law to obtain possession and ownership of such land, the courts, in a proper proceeding, will divest or control the title thereby acquired, either by compelling a conveyance to such person, or by quieting his title.</p> <p>The claimant against the patent must so far bring himself within the laws As to entitle him, if not obstructed or prevented, to complete his claim.</p> <p>Ard v. Brandon, 166 U. S. 637, is decisive of this case.</p>