United States v. Commonwealth &C. Trust Co., 193 U.S. 651 (1904)

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United States v. Commonwealth Title


Insurance and Trust Company
No. 172


Submitted March 3, 1904
Decided April 4, 1904
193 U.S. 651

APPEAL FROM THE COURT OF CLAIMS

Syllabus

A mortgagee who has foreclosed his mortgage and purchased the property mortgaged at sheriff’s sale under a decree of the court is an assignee of the owner of the land within § 2 of the Act of June 16, 1880, 21 Stat. 287.

Where there is a finding by the Court of Claims that a relinquishment was made "as required by the rules and regulations of the Land Office," this Court will presume that the Secretary did his duty and received all receipts and whatever was necessary to revest title in the United States to the land cancelled.

The facts are stated in the opinion of the Court.