Charleston Mining Co. v. United States, 273 U.S. 220 (1927)

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Charleston Mining Co. v. United States

No. 93

Argued January 10, 1927
Decided February 21, 1927
273 U.S. 220

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. A finding of fraud in fact which is not clearly erroneous will not be disturbed when concurred in by two federal courts below. P. .223.

2. The Act of March 3, 1845, granting to the Florida "section numbered 16 in every township or other land equivalent thereto" for school purposes, was not self-executing in the indemnity provision, but left the grant dependent, in that regard, upon future action of Congress. P. 224.

3. Assuming that, under the Act of 1845, there was an equitable obligation in fulfillment of the grant to provide for selection of mineral as well as nonmineral indemnity lands, yet the only actual provision (Rev.Stats. §§ 2275 and 2276, as amended February 28, 1891) limits selection to land not mineral in character, and consequently a certification of mineral land is unauthorized, and, when procured upon false representation that the land is nonmineral, is voidable at the suit of the United States. P. 225.

3 F.2d 1019 affirmed.

Appeal from a decree of the circuit court of appeals which affirmed a decree of the district court (298 F. 127) setting aside, in part, a certification of indemnity school land in a suit by the United States based on fraudulent representations.