[DOWNLOAD] "Semple v. Hagar" by United States Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: Semple v. Hagar
• Author : United States Supreme Court
• Release Date : January 01, 1866
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Mr. Wills, for the defendant in error, now, and in advance of the case being regularly called, moved–the record being a short one, and of but ten pages–to dismiss the writ of error for want of jurisdiction. He thus argued: 1. The State courts of California had no jurisdiction of the subject of the action. This court has held, in Field v. Seabury,1 that the question of the validity of a patent for land is 'a question exclusively between the sovereignty making the grant and the grantee.' The courts of California, carrying out this doctrine, have held, that 'a patent imports absolute verity, and that it can only be vacated and set aside by direct proceedings instituted by the government, or by parties acting in the name and by the authority of the government.'2 2. It has been decided by the court, in Moreland v. Page,3 that this court has not jurisdiction, under the twenty-fifth section of the Judiciary Act, to review the judgment of a State court, when the question involved relates to the proper boundary between two tracts of land, although the owners of both had valid grants from the United States.

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