Fay v. Crozer, 217 U.S. 455 (1910)

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Fay v. Crozer

No. 165

Argued April 21, 22, 1910
Decided May 2, 1910
217 U.S. 455

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

Syllabus

A writ of error based on constitutional question will not lie unless the controversy is a substantial one and the question open to discussion. If the identical question has been determined in a suit involving a state statute, it is foreclosed although it may subsequently arise in connection with the provision of the constitution of the state under which the statute was enacted, and the writ of error will be dismissed. There is no greater objection under the Constitution of the United States to the forfeiture of land for five years’ neglect to pay taxes than there is to a similar forfeiture by the statute of limitations for neglect to assert title against one by whom the former owner has been disseized.

The questions involved in this case having been determined in King v. Mullin, 171 U.S. 404, King v. West Virginia, 216 U.S. 92, the writ of error is dismissed.

The facts are stated in the opinion.