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United States v. Whited & Wheless, Ltd., 246 U.S. 552 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Whited & Wheless, Ltd., 246 U.S. 552 (1918)
United States v. Whited & Wheless, Limited No. 204 Submitted March 19, 1918 Decided April 15, 1918 246 U.S. 552
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
The provision in the Act of March 3, 1891, § 8, 26 Stat. 1099, that
suits by the United States to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents,
was designed for the security of patent titles, and does not apply to an action at law to recover the value of patented land as damages for deceit practiced by the defendant in procuring the patent.
A statute of limitations should be strictly construed in favor of the government.
Where there are two remedies for the protection of the same right, one may be barred and the other not.
The provision in the Act of March 2, 1896, limiting the government’s money recovery to the minimum government price (see 29 Stat. 42, § 2), when patents have been "erroneously issued under a railroad or wagon road grant" and the lands have been sold to bona fide purchasers, does not apply to a case in which the government seeks money damages because of deceit practiced in procuring a patent under the Homestead Law.
232 F. 139 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Whited & Wheless, Ltd., 246 U.S. 552 (1918) in 246 U.S. 552 246 U.S. 560. Original Sources, accessed May 7, 2025, http://www.originalsources.com/Document.aspx?DocID=3TK8K3GRRQS5DK2.
MLA: U.S. Supreme Court. "Syllabus." United States v. Whited & Wheless, Ltd., 246 U.S. 552 (1918), in 246 U.S. 552, page 246 U.S. 560. Original Sources. 7 May. 2025. http://www.originalsources.com/Document.aspx?DocID=3TK8K3GRRQS5DK2.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Whited & Wheless, Ltd., 246 U.S. 552 (1918). cited in 1918, 246 U.S. 552, pp.246 U.S. 560. Original Sources, retrieved 7 May 2025, from http://www.originalsources.com/Document.aspx?DocID=3TK8K3GRRQS5DK2.
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