ISBN: 1235786013

[EAN: 9781235786013], Neubuch, [PU: General Books], DAKOTA TERRITORY SUPREME COURT,SUBJECTS, This item is printed on demand. Paperback. 196 pages. Dimensions: 9.7in. x 7.4in. x 0.4in.This… Plus…

[EAN: 9781235786013], Neubuch, [PU: General Books], DAKOTA TERRITORY SUPREME COURT,SUBJECTS, This item is printed on demand. Paperback. 196 pages. Dimensions: 9.7in. x 7.4in. x 0.4in.This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: . . . Vantongeren, Respondent, v. Heffernan et al. , Appellants. 1. Public Lands--Pre-emptioners Bights before Patent. A pre-emptioner of public land, with the usual final receipt, has nosuch title, prior to the issuance of the patent, as will enable him to maintain an action to quiet title to the land. 2. Same--Jurisdiction of Courts Prior to the Patent. Under the preemption laws of the general government the courts have no jurisdiction, until after the patent has been issued, to pass upon conflicting claims, arising between private parties, involving title to public land. (Argued February 10, 1888; reversed, and opinion filed, May 8, 1888. ) Appeal from the district court of Grant county; Hon. L. K. Church, Judge. Mellette and Mellette and J. F. Fisher, for appellant. The doctrine has been long settled and uniformly upheld that, while the legal title to lands remain in the United States, and proceedings for acquiring this title are yet in fieri, the courts will not interfere to control the exercise of the power vested in the land department of the government. All conflicts arising out of these proceedings, and all questions pertaining thereto prior to the issuance of the patent, belong exclusively to that department for adjustment. U. S. v. Scfmrz, 102 U. S. 39(3; Forbes v. Driscoll, 31 N. W. Rep. 633. R. B. Smither and Geo. W. Hawes, for respondents. The two cases cited by appellant are not in point. We maintain that the district courts, being possessed of equitable jurisdiction, have original jurisdiction over the subject-matter of all actions arising out of a controversy between individuals involving title to real property or the boundary thereof, except in actions of forcible entry or forcible and unlawful detainer, (section 28, C. C. Pro. , ) either before or a. . . This item ships from La Vergne,TN.<