Van Patten v. Boyd

Citations

• 20 N.M. 250
• 150 P. 917

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where, upon the facts found, conceded, or established without dispute at a hearing before the Land Department of the United States, its officers fall into an error in the construction of the law applicable to the case, which causes them to refuse to issue the patent to the lawful claimant, and to give it to another, a court of equity has the power to correct the error, and to invest the rightful claimant with the title.</p> <p>P. 254</p> <p>2. When the law has confided to a special tribunal the authority to hear and determine certain matters arising in the course of its duties, the decision of that tribunal, within the scope of its authority, is conclusive upon all others.</p> <p>P. 256</p> <p>3. Until a patent to public lands has been issued by the constituted authority, the legal title to the land remains in the government, and the Land Department is invested with the jurisdiction and power to hear and determine conflicting claims to the same. Its adjudication, upon conflicting facts, is not subject to review by the courts.</p> <p>P. 256</p> <p>4. The misconstruction of the law must be of the law applicable to the case as established, and not upon the facts of the case as one or the other party may honestly believe them to be. This being true, it is essential for the attacking party to allege and set forth in his complaint the facts, as found by the department, or to allege that such facts were undisputed, in order to invest a court of equity with jurisdiction to entertain his application for relief.</p> <p>P. 25?'</p> <p>5. The decision of the proper officers of the Land Department on questions of fact in a contest is conclusive on the courts; and, in the absence of fraud in preventing a party from presenting his case, or fraud practiced by the officers of the department, the decision is not subject to review by the courts by a charge of perjury against witnesses.</p> <p>P. 259</p>