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· 5/21/1917

Smith v. Third Nat. Exchange Bank of Sandusky

Citations

  • 244 U.S. 184
  • 37 S. Ct. 516
  • 61 L. Ed. 1071
  • 1917 U.S. LEXIS 1624

Syllabus

<p>Where lands, allotted as part of a Mexican community grant and for many years occupied, improved and claimed in good faith under color of such allotments and mesne conveyances, were excluded from the grant by a decree of the Court of Private Land Claims determining its boundaries, Held, that a continuance of such occupancy under the same and later mesne conveyances, with knowledge of the decree, was not a trespass of the character forbidden by the act to prevent unlawful occupancy of public lands (February 25, 1885, c. 149, 23 Stat. 321), but came -within the exceptions of that act as an occupancy under claim and color of title made or acquired in gtfod faith.</p>

Judges: McReynolds

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