Lane v. Watts, 235 U.S. 17 (1914)

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Lane v. Watts

No. 889

Petition for rehearing distributed to Justices October 12, 1914
Decided November 2, 1914
235 U.S. 17

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

Opinion in Lane v. Watts, 234 U.S. 525, explained and leave to file petition for rehearing denied.

Quaere whether the Act of August 4, 1854, incorporating the territory acquired under the Gadsden Treaty with, and making it subject to, the laws of the Territory of New Mexico made the provisions of § 8 of the Act of July 22, 1854, applicable thereto.

Statutory reservations of lands within territory acquired under treaty which are covered by claims of private parties may be subject to repeal, and so held as to reservations of Mexican lands under § 8 of the Act of July 22, 1854. Lockhart v. Johnson, 181 U.S. 516. Quaere whether the Act of June 21, 1860, did not repeal pro tanto the reservation provisions of § 8 of the Act of July 22, 1854.

Where the lands involved have not been reserved, but are necessarily included within one or the other of two grants, they are not public lands, nor subject to disposal by the Land Department.

The question of superior title of contesting claimants to lands within territory acquired under the Gadsden Treaty cannot be determined in an action between the government and one of the claimants and to which the other claimant is not a party.

The facts, which are the same as those involved in Lane v. Watts, 234 U.S. 525, are stated in the opinion.