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· 10/30/1899

Real De Dolores Del Oro v. United States

Citations

  • 175 U.S. 71
  • 20 S. Ct. 17
  • 44 L. Ed. 76
  • 1899 U.S. LEXIS 1548

Syllabus

<p>A claim in tbe Court of Private Land Claims for land within the limits of a mine grant, which grant has been confirmed by Congress and a patent issued therefor, must be rejected by that court.</p> <p>Section 14 of the act of March 3, 1891, c. 539, 26 Stat. 854, 861, establishing that court, which provides for a personal judgment against the United States in cases where the land decreed to any claimant, under the provisions of the act, shall have been sold or granted by the United States, applies only to cases where such lands have been sold or granted as public lands, for a consideration which equitably belongs to the owner of the land, and not to cases where the Government has merely released its interest to one apparently holding a good title under a Spanish or Mexican grant, which subsequently turns out to be invalid by reason of an older or better title.</p>

Judges: Brown, Shiras, White

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