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United States v. Pendell, 185 U.S. 189 (1902)
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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.
United States v. Pendell, 185 U.S. 189 (1902)
United States v. Pendell No. 211 Submitted March 20, 1902 Decided April 21, 1902 185 U.S. 189
APPEAL FROM THE COURT
OF PRIVATE LAND CLAIMS
Syllabus
This was an appeal from a decree of the Court of Private Land Claims, confirming the title of the appellees to a tract of land in New Mexico. Held that, in the absence of any sufficient attack upon the record or of any evidence on the part of the government going to disprove or discredit the averments therein, it formed enough of a basis for the finding of the court below that there was a grant made as stated in its findings, and that such grant and the record thereof in the archives had been destroyed under the circumstances stated.
The Treaty of December 30, 1853, between the United States and Mexico, and the act of Congress in support of it, were not intended to debar parol proof of the existence and of the contents of a grant which had been destroyed under the circumstances detailed, or that, under such circumstances, a presumption that the grant had been recorded could not be indulged.
In this case, the evidence of possession was sufficient, in connection with the other evidence, upon which to base a presumption that the petitioner had a title to the land, which should be confirmed.
The case is stated in the opinion of the court.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Pendell, 185 U.S. 189 (1902) in 185 U.S. 189 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=B31EBPN5BR6DR5G.
MLA: U.S. Supreme Court. "Syllabus." United States v. Pendell, 185 U.S. 189 (1902), in 185 U.S. 189, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=B31EBPN5BR6DR5G.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Pendell, 185 U.S. 189 (1902). cited in 1902, 185 U.S. 189. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=B31EBPN5BR6DR5G.
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