Thallmann v. Thomas

Citations

• 111 F. 277
• 49 C.C.A. 317
• 1901 U.S. App. LEXIS 4376

Syllabus

<p>L Public Land—Valid Location Impossible when in Possession oh One having Superior Eight.</p> <p>A valid location of public land cannot be instituted while another has the possession and right of possession under an earlier- lawful location.</p> <p>2. Same—Valid Location by Forcible Entry Impossible.</p> <p>A valid claim to public land cannot he initiated by forcible entry upon it, even while it is in the possession of one who has no right to the possession, and no lawful claim to secure the title.</p> <p>8. Same—Valid Claim may be Instituted by Peaceable Adverse Entry upon the Possession op Another.</p> <p>Every competert locator has the right to initiate a lawful claim to unappropriated public land by a peaceable adverse entry and location thereof while it is in the possession of those who have no superior right to acquire the title or to retain the possession.</p> <p>4 Equity—Mistakes in Patents and Contracts must be Proved Beyond Bkasonable Controversy.</p> <p>Patents, contracts, and conveyances, the accredited evidences of rights and titles, may not be set aside or modified for mistakes unless those mistakes are established by evidence that is plain and convincing beyond reasonable controversy.</p> <p>5. Findings and Decree oh Lower Court Presumptively Correct.</p> <p>\\\\There a chancellor has considered conflicting evidence, and made his finding and decree thereon, they must bo deemed to be presumptively correct in an appellate court; and unless an obvious error lias intervened in the application of the law, or some serious mistake has been made in the consideration of the evidence, they will not be disturbed.</p> <p>(Syllabus by the Court.)</p>