Toop v. Ulysses Land Co., 237 U.S. 580 (1915)

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Toop v. Ulysses Land Company

No. 284

Submitted May 13, 1914
Decided June 1, 1915
237 U.S. 580

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF NEBRASKA

Syllabus

This Court cannot entertain jurisdiction of a direct writ of error to review a judgment of the district court under § 238, Judicial Code, on frivolous grounds.

The contention that rights were denied under a treaty that did not go into effect until two years after title had vested in defendants in error or in the grantors under the state law is too frivolous to sustain jurisdiction of this Court under § 238, Judicial Code.

Even though the widow had some use of the intestate’s property after his death which continued until after the treaty became operative, if the title was not suspended, the treaty could have had no effect thereon.

The contention that a state statute forbidding the ownership of real estate by nonresident aliens is repugnant to the Fourteenth Amendment simply because it does forbid such ownership is also frivolous.

The facts, which involve the jurisdiction of this Court of direct appeals from the judgment of the district court, are stated in the opinion.