United States v. Coe
Decision Date | 29 October 1894 |
Docket Number | No. 591,591 |
Citation | 39 L.Ed. 76,155 U.S. 76,15 S.Ct. 16 |
Parties | UNITED STATES v. COE |
Court | U.S. Supreme Court |
On March 3, 1891, an act of congress was approved, entitled 'An act to establish a court of private land claims, and to provide for the settlement of private land claims in certain states and territories.' 26 Stat. 854, c. 539.
By the first section it was provided:
Under section 6 it was made lawful 'for any person or persons or corporation, or their legal representatives, claiming lands within the limits of the territory derived by the United States from the republic of Mexico and now embraced within the territories of New Mexico, Arizona, or Utah, or within the states of Nevada, Colorado, or Wyoming by virtue of any such Spanish or Mexican grant, concession, warrant, or survey as the United States are bound to recognize and confirm by virtue of the treaties of cession of said country by Mexico to the United States which at the date of the passage of this act have not been confirmed by act of congress, or otherwise finally decided upon by lawful authority, and which are not already complete and perfect, in every such case to present a petition, in writing, to the said court in the state or territory where said land is situated and where the said court holds its sessions, but cases arising in the states and territories in which the court does not hold regular sessions may be instituted at such place as may be designated by the rules of the court.'
Section 7 provided:
Under the eighth section, 'any person or corporation claiming lands in any of the states or territories mentioned in this act under a title derived from the Spanish or Mexican government that was complete and perfect at the date when the United States acquired sovereignty therein' was given the right to apply to the court in the manner in the act provided for other cases, for a confirmation of such title.
Section 9 was as follows:
By paragraph 5 of section 13 it was provided: 'No proceeding, decree, or act under this act shall conclude or affect the private rights of persons as between each other, all of which rights shall be reserved and saved to the same effect as if this act had not been passed; but the proceedings, decrees, and acts herein provided for shall be conclusive of all rights as between the United States and all persons claiming any interest or right in such lands.'
Section 19 read thus: 'That the powers and functions of the court established by this act shall cease and determine on the thirty-first day of December, eighteen hundred and ninety-five, and all papers, files, and records in the possession of said court belonging to any other public office of the United States shall be returned to such office, and all other papers, files, and records in the possession of or appertaining to said court shall be returned to and filed in the department of the interior.'
The court of private land claims was accordingly duly organized, and upon the pleadings and evidence in this case proceeded to a decree confirming a Mexican grant in favor of the appellee to land in the territory of Arizona. An appeal having been duly prayed and allowed, and the record having been filed in this court, a motion to dismiss the appeal for want of jurisdiction was submitted.
Sol. Gen. Maxwell, for the United States.
E. M. Sanford, for appellee.
[Argument of Counse...
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