Hartman v. Warren

Citations

• 76 F. 157
• 22 C.C.A. 30
• 1896 U.S. App. LEXIS 2110

Syllabus

<p>1. Public Land — Location—Indian Treaty,</p> <p>Tlie location of a tract of public land by an alleged beneficiary under the seventh clause of the second article of the treaty of September 30, 1854 (10 Stat. 1109), between the United States and the Chippewa Indians of Lake Superior, segregates the tract from the public domain and appropriates it to private use.</p> <p>2. Bame.</p> <p>While such a location remains in force, Porterfield warrants issued under the act of April 11, 1800 (12 Stat. 836) cannot be lawfully located on the same land, because that land has been otherwise appropriated by the prior location whether right or wrong.</p> <p>3. Decision of Land Department.</p> <p>The adjudications of tlie land department upon questions within its jurisdiction, if erroneous, are not void, but. are valid until reversed on appeal or set aside by proper direct, proceedings for that purpose.</p> <p>4. Pre-emption Entry.</p> <p>An entry of la.nd under tlie seventh clause of the second article of tlie treaty of September 30, 1854, supra, is not a pre-emption entry, and one who contests it acquires thereby no right to bo preferred in the purchase or acquisition of the land under section 2 of the act of May 14, 1880 (21 Stat. 140, 141, e. 89, § 2).</p> <p>5. Location of Land — Enforcement of Trust.</p> <p>One who is not in privity with the United States, and who did not acquire any rigid to be preferred in Oxe acquisition of a tract, of land, before the claim to it upon which it was patented was initialed, may not maintain a bill in equity to subject the holder of the legal title to a trust in his favor on the ground that the patent was issued through errors in law.</p> <p>(Syllabus by tlie Court.)</p>