Frellsen & Co. v. Crandell

Citations

• 217 U.S. 71
• 30 S. Ct. 490
• 54 L. Ed. 670
• 1910 U.S. LEXIS 1944

Syllabus

<p>Whether a patent is wrongfully issued or can be set aside is a matter to be settled between the State and the patentee, but no individual is authorized to act for the State.</p> <p>Even if the State could set aside a patent for having been issued on illegal or inadeauate consideration the matter is between it and the patentee; and, until set aside, one tendering the statutory price does not thereby become entitled to receive such land from the State, nor does the tender create a contract with the State within the protection of the contract clause of the Federal Constitution.</p> <p>Where the state court so holds, public land of a State, as is the case of public land of the United States, held under patent or certificate of location, is not, until such patent or certificate be set aside at the instance of the State, subject to other entry or purchase.</p> <p>In the matter of sale and conveyance each State may administer its public lands as it sees fit so long, as it does not conflict with rights guaranteed by the Federal Constitution; nor is any State obliged to follow the legislation or decisions of the Federal Government or of any other State.</p> <p>120 Louisiana, 712, affirmed.</p>