Payne v. United States Ex Rel. Newton, 255 U.S. 438 (1921)

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Author: U.S. Supreme Court

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Payne v. United States Ex Rel. Newton, 255 U.S. 438 (1921)

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Payne v. United States ex Rel. Newton


No. 123


Argued December 16, 1920
Decided March 14, 1921
255 U.S. 438

ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA

Syllabus

1. After the lapse of two years from the date of the issuance of a receiver’s receipt upon a final entry under the homestead law, if no contest or protest against the validity of the entry be then pending, the Land Department is required, by § 7 of the Act of March 3, 1891, to issue a patent for the land. P. 442. Lane v. Hoglund, 244 U.S. 174.

2. The purpose of this provision is to give the entryman, after the time limited, the advantage of the patent and legal title, and thus transfer any later controversy over the validity of the entry from the department to the courts. P. 444.

3. The duty to issue the patent is not suspended by the initiation after the two years have elapsed of proceedings in the department to cancel the entry and in the district court to cancel the final certificate and receipt upon the ground of fraud. P. 444.

48 App.D.C. 547 affirmed.

The case is stated in the opinion.

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Chicago: U.S. Supreme Court, "Syllabus," Payne v. United States Ex Rel. Newton, 255 U.S. 438 (1921) in 255 U.S. 438 255 U.S. 439–255 U.S. 440. Original Sources, accessed October 3, 2022, http://www.originalsources.com/Document.aspx?DocID=L8DE1MUDSCGN7CL.

MLA: U.S. Supreme Court. "Syllabus." Payne v. United States Ex Rel. Newton, 255 U.S. 438 (1921), in 255 U.S. 438, pp. 255 U.S. 439–255 U.S. 440. Original Sources. 3 Oct. 2022. http://www.originalsources.com/Document.aspx?DocID=L8DE1MUDSCGN7CL.

Harvard: U.S. Supreme Court, 'Syllabus' in Payne v. United States Ex Rel. Newton, 255 U.S. 438 (1921). cited in 1921, 255 U.S. 438, pp.255 U.S. 439–255 U.S. 440. Original Sources, retrieved 3 October 2022, from http://www.originalsources.com/Document.aspx?DocID=L8DE1MUDSCGN7CL.