West v. Lyders’s Empirical Analysis
36 F.2d 108 · 1929
Citation profile
7 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 14 later decisions — most recently May 1960
7 federal appellate · 5 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on De La Fayette Wilcox v. John Jackson · Leavenworth Lawrence and Galveston Railroad Company v. United States · Benson Mining & Smelting Co. v. Alta Mining & Smelting Co. · Payne v. Central Pacific Railway Co. · Wirth v. Branson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Consequently, when he, or his assigns, made a selection of unappropriated public lands, he was merely exercising the vested right which he had already acquired from the government, and the vested right acquired, when completed in a valid selection, relates, not merely to the date of selection, but back to the date of the issuance of the scrip. “If the admissions above stated can be supported upon further investigation by the Department, it would seem plaintiff has complied with all the requirements of the Department necessary to entitle him to a patent. It is settled law that, ‘where the right to a patent has once become vested in a purchaser of public lands, it is equivalent, so far as the government is concerned, to a patent actually issued. The execution and delivery of the patent after the right to it has become complete are the mere ministerial acts of the officers charged with that duty.’ Simmons v. Wagner, 101 U.S. 260, 261 , 25 L.Ed. 910 . “In the case of Wilcox v. Jackson, 13 Pet. 498, 513 , 10 L.Ed. 264 , the Supreme Court said: ‘But we go further, and say, that whensoever a tract of land shall have been once legally appropriated to any purpose, from that moment, the land thus appropriated becomes severed from the mass of public lands; and that no subsequent law, or proclamation, or sale, would be construed to embrace it, or to operate upon it; although no reservation were made of it.’ And, in the case of Leavenworth [, L. & G.] R. R. Co. v. United States, 9”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.