Tegarden v. Le Marchel

Citations

• 129 F. 487
• 1904 U.S. App. LEXIS 4760

Syllabus

<p>1. Ejectment — Equitable Defense in Fedebal Couet.</p> <p>In an action of ejectment in a federal court, the defendant cannot set up an equitable title to defeat tlie legal title by impeaching a patent from the United States, and this rule is not affected by a state statute under which such defense would be permissible.</p> <p>2. Same — Limitation.</p> <p>Limitation cannot begin to run against an action of ejectment in a federal court prior to the time when the patent for the land under which plaintiff claims was issued by the United States.</p> <p>3. Same — Action by Patentee — Claim foe Improvements Made before Issu-</p> <p>ance of Patent.</p> <p>A state statute giving a defendant in ejectment the right to recover the value of improvements made by him in good faith under color of title cannot be applied in a case in which the plaintiff claims under a patent issued by the United States after the improvements were made, since the power of the United States to dispose of its public lands is absolute, and the right of its grantee to possession on receiving the legal title cannot be obstructed or affected by any claim made under a law of the state.</p>