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Krueger v. United States, 246 U.S. 69 (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.
Krueger v. United States, 246 U.S. 69 (1918)
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Krueger v. United States No. 111 Submitted December 20, 1917 Decided March 4, 1918 246 U.S. 69
APPEAL FROM THE CIRCUIT COURT OF APPEAL
FOR THE EIGHTH CIRCUIT
Syllabus
Land, part of an odd-numbered section within the primary limits, but covered by a valid preemption filing at the date of the definite location of the right of way, was excepted from the grant made to the Denver Pacific Railway & Telegraph Company by the Act of July 1, 1862, c. 120, 12 Stat. 489, and March 3, 1869, c. 127, 15 Stat. 324. Kansas Pacific Ry. Co. v. Dunmeyer, 113 U.S. 629.
Upon the facts as found, held that one who under a deed of the Denver Pacific Railway & Telegraph Company and through mesne conveyances came into and retained possession of a parcel of land which, because of a preemption filing, was excepted from the grant made to that company (supra), was in a position to acquire full title by purchase under the Adjustment Act of March 3, 1887, c. 376, 24 Stat. 556, § 5, and the regulations of the Land Department relative thereto.
One who purchases under a receiver’s receipt, issued upon a soldiers’ additional homestead entry, land which is in the actual possession of another claiming from another source under recorded deeds, is constructively notified by such possession and records of that other’s claim and of that other’s rights as so revealed, and also, through the receiver’s receipt, of the origin of his own title and therein of the fact that it was procured by means of affidavits falsely stating that the land was unoccupied, unimproved, and unappropriated.
The defense of bona fide purchase is affirmative; the burden of establishing it rests upon the party who makes it in a suit by the United States to cancel a patent for fraud.
228 F. 97 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Krueger v. United States, 246 U.S. 69 (1918) in 246 U.S. 69 246 U.S. 70–246 U.S. 73. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4J4D4IJK494MSKZ.
MLA: U.S. Supreme Court. "Syllabus." Krueger v. United States, 246 U.S. 69 (1918), in 246 U.S. 69, pp. 246 U.S. 70–246 U.S. 73. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4J4D4IJK494MSKZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Krueger v. United States, 246 U.S. 69 (1918). cited in 1918, 246 U.S. 69, pp.246 U.S. 70–246 U.S. 73. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4J4D4IJK494MSKZ.
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