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United States v. Poland, 251 U.S. 221 (1919)
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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. Poland, 251 U.S. 221 (1919)
United States v. Poland No. 29 Argued November 19, 1919 Decided January 5, 1920 251 U.S. 221
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
A bill to set aside a patent partly because of a false representation alleged to have been made in an affidavit filed with the land officials held not sustainable upon the ground of fraud, it appearing from the affidavit as set forth that the representation was not as alleged, and the bill also showing that the fact in question was clearly disclosed by the application and other entry papers. P. 224.
But where the facts alleged show that the patent was issued in violation of law, the bill states a case for cancellation. P. 227.
The Act of March 3, 1903, c. 1002, 32 Stat. 1028, in providing that "no more than one hundred and sixty acres shall be entered in any single body" by means of soldiers’ additional homestead rights, in Alaska, while leaving the holder of several such rights free to exercise all of them and to make as many entries as his rights will sustain, prohibits him from using them to enter and acquire more than 160 acres in a single body, whether through one or more entries. P. 225.
This provision is wholly distinct from the provision of the same act limiting entries to 160 rods along the shores of navigable waters and reserving 80 rods of shore between claims. P. 227.
The defense of bona fide purchase must be set up and established affirmatively by the defendant in a suit to set aside a patent. Id.
One who, without fraud, has secured a patent by means of soldiers’ additional homestead rights which is cancelled because issued in violation of law, is free to exercise the rights by which it was obtained, and, under the Act of June 16, 1880, c. 244, 21 Stat. 287, may apply for repayment of the fees and commissions paid to the land officers. P. 228.
231 F. 810 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Poland, 251 U.S. 221 (1919) in 251 U.S. 221 251 U.S. 222. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=V62E75GK57P5UPF.
MLA: U.S. Supreme Court. "Syllabus." United States v. Poland, 251 U.S. 221 (1919), in 251 U.S. 221, page 251 U.S. 222. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=V62E75GK57P5UPF.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Poland, 251 U.S. 221 (1919). cited in 1919, 251 U.S. 221, pp.251 U.S. 222. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=V62E75GK57P5UPF.
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