 A certificate of purchase issued in due form, in favor of a pre-emptor, for land subject to entry under the pre-emption law, cannot be canceled or set aside by the Land Department for alleged fraud in obtaining it; but in such case, the government must...  Western Land Owner - Page 271884Full view - About this book
 | 1885 - 1902 pages
...notice of such invalidity, and be bound by it accordingly. But be this as it may, my conclusion is that a certificate of purchase issued in due form, in favor...land department for alleged fraud in obtaining it; and that in such case the government must seek redress in the courts, where the matter may be heard... | |
 | 1889 - 952 pages
...reason that he had already had tbe benefit of the Act, the certificate may be set aside on that ground in the courts, where the matter may be heard and determined...to the law applicable to the rights of individuals, under like circumstances. Smith v. Ewtng, 11 Sawy. 56. In this case, I had occasion to consider this... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1892 - 770 pages
...in obtaining the final receipt, says Jndge DEADY in Smith v. Ewing, 11 Sawy. 56 (23 Fed. Rep. 741), "the government must seek redress in the courts, where...to the law applicable to the rights of individuals under like circumstances. The right of a party holding a certificate of purchase of public land and... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1894 - 1068 pages
...359; Gray v. Stockton, 8 Minn., 472; Smith v. Custer, 8 Dec. Dep. Int., 269.) Phelps & Sabin, contra: A certificate of purchase issued in due form, in favor...case the government must seek redress in the courts, Headley v. Collman. where the matter may be heard and determined according to the law applicable to... | |
 | 1910 - 820 pages
...designation.— Michigan Land & Lumber Co. v. Rust, 15 CCA 335, 68 Fed. 155, 31 US App. 731. [d] (US 1885) A certificate of purchase Issued In due form In favor...determined according to the law applicable to the riphts of individuals in like circumstances. — Smith v. Ewiiig (CC) 23 Fed. 741. [c] (US 1889) An... | |
 | 1893 - 1058 pages
...a pre-emptor cannot be canceled by the land department for alleged fraud in obtaining it, but that in such case the government must seek redress in the courts, where the matter may be judicially determined; and that a purchaser in good faith and for a valuable consideration takes the... | |
 | 1885 - 592 pages
...PUBLIC. [Pre-Emption.] — Certificate of Pre-Emption not Subject to Cancellation by Commissioner.— A certificate of purchase issued in due form, in favor of a prc-emptor, for land subject to entry under the pre-emption law, cannot be canceled or set aside by... | |
 | Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1894 - 926 pages
...647; Bagnell v. Broderick, 13 Pet. 450, 451 ; Landes v. Brant, 10 How. 348. 18—62 KA8. Kohn v. Barr. "A certificate of purchase, issued in due form, in...preemptor, for land subject to entry under the preemption laws, cannot be canceled or set aside by the land department for alleged fraud in obtaining it; but... | |
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