United States v. Dalcour, 203 U.S. 408 (1906)

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United States v. Dalcour


No. 69


Argued October 30, 31, 1906
Decided December 3, 1906
203 U.S. 408

APPEAL FROM THE DISTRICT COURT OF THE UNITED
STATES FOR THE SOUTHERN DISTRICT OF FLORIDA

Syllabus

Section 6 of the Act of March 3, 1891, 26 Stat. 826, recognizes that there are exceptions other than those enumerated therein in which appeals to this Court at that time provided for by law were saved, and this applies to the appeal by the United States under § 11 of the Act of June 22, 1860, 12 Stat. 87, from adverse decisions of the district court of the United States in cases to establish land titles in Florida.

The provision in § 3 of the Act of June 22, 1860, that no claims for lands in Florida could be presented to the district court of the United States that had been theretofore presented before any board of commissioners or other public officers acting under authority of Congress and rejected as being fraudulent held to bar a claim which had been presented to a judge of the Superior Court of Florida under the Act of May 23, 1828, 4 Stat. 284, and by him refused and rejected on the ground of an unwarranted alteration of the register of the grant in a particular material to its validity.

The facts are stated in the opinion.