Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 74

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 74

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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. 1907 edition. Excerpt: ...case is analogous in principle to that of Burfenning 12. Chicago, St. Paul &c. R'y, 163 U. S. 321, 16 Sup. Ct. 1018, 41 L. Ed. 175. A soldier's homestead was located upon a townsite, and a patent issued. The law provided that lands within the limits of any in corporated town or selected as the site of a city or town should be excluded from homestead and preemption entries. It was contended that by the issuance of the patent it was conclusively determined by the land department that the patentee's rights were not initiated within the limits of any city and that the land was subject to homestead. In denying the validity of this argument the court, through Mr. Justice Brewer, said: "It has undoubtedly been affirmed over and over again that in the administration of the public land system of the United States questions of fact are for the consideration and judgment of the land department, and that its judgment thereon is final. Whether, for instance, a certain tract is swamp land or not, saline land or not, mineral land or not, presents a question of fact not resting on record, dependent on oral testimony; and it cannot be doubted that the decision of the land department, one way or the other, in reference to these questions is conclusive and not open to relitigation in the courts, except in those cases of fraud, etc., which permit any determination to be reexamined. Johnson v. Towsley, 13 Wall. 72, . 20 L. Ed. 485; Smelting Company v. Kemp, 104 U. S. 636, 26 L. Ed. 875; Steel v. Smelting Company, 106 U. S. 447, 1 Sup. Ct. 389, 27 L. Ed. 226; Wright v. Roseberry, 121 U. S. 488, 7 Sup. Ct._ 985, 30 L. Ed. 1039; Heath 12. Wallace, 138 U. S. 573, 11 Sup. Ct. 380, 34 L. Ed. 1063; McCormick v. Hayes, 159 U. S. 332, 16...show more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123685179X
  • 9781236851796