Real Property. Abstracts. Mining Law

Real Property. Abstracts. Mining Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...confirmations of previously existing inchoate or equitable rights. A recurrence to these is necessary, even though a patent may appear, as in many cases a patent is only confirmatory evidence of prior claims and is conclusive only between the sovereign and the patentee or those in privity with him. A grant of land by statute is the highest and strongest form of title known to our law, and does of itself, proprio vigore, pass to the grantee all of the estate of the government except what is expressly withheld. As a primary conveyance, however, it is not in general use, for, as a rule, the government parts with its title only by a patent. But when an act of Congress purports to convey land in words of present grant it is equally as effective as a patent and vests a perfect and irrevocable title." Legislative grants and confirmations are usually followed by a patent, the issuance of which is specially provided for in the granting act, yet the patent in most cases adds nothing to the force of the grant, but is merely confirmatory of what has preceded. If a claim be made to land with defined boundaries the legislative confirmation perfects the title to the particular tract, and a subsequent patent is only documentary evidence of that title. If the claim be to quantity, and not to a specific tract capable of identification, a segregation by survey will be required and the confirmation will then immediately attach the title to the land segregated." '-. SEcT1oN 15. PATENTS. A patent of the United States is the form of conveyance by which the nation passes its title to the public domain, and is the highest evidence of derivative title known to the law. It is conclusive as against the government, and all persons claiming more

Product details

  • Paperback | 102 pages
  • 189 x 246 x 5mm | 195g
  • United States
  • English
  • black & white illustrations
  • 1236848497
  • 9781236848499