United States v. Steenerson’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 1 state decisions

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘•Tito principios on wliieli those decisions are based is that when a homesteader or pro-emptor has, in good faith, performed, all the acts which, under the provisions of the statutes of the United States, are necessary to complete his right to the land, then he becomes equitably the owner of the same, and the United States holds,the naked legal üüe as a trustee for his benefit. For the protection of rights thus acquired it is held that in a contest involving the, title of the land an established right to a patent will bo deemed the equivalent of a patent. This rule, however, has been adopted solely as a means for the protection of those who.have, in good faith, established a right to a patent by performance of the requisite conditions. The final certificate or receipt acknowledging payment in full, and signed by the officers of the. local land office, is not, in terms, nor in legal effect,, a conveyance of the land. It is merely evidence on behalf of the party to whom it is issued. In a contest involving the title to land, wherein a person claims adversely to the United States, it Is open to such claimant, notwithstanding the legal title remains in the United States, to prove that by performance on ids part of the requisite acts he has become the equitable owner of the land, and that the United States holds the legal title in trust for him; but, as the claimant in such case has not received a patent or formal conveyance, and has not become possessed of the legal title, he is”

   3 later decisions quote this exact passage · from the majority
   e.g. American Mortg. Co. of Scotland v. Hopper · Fahrney v. Kelly

2. ““Tlie power of supervision possessed by the commissioner of the general land office over the acts of the register and receiver of the local land offices in the disposition of the public lands undoubtedly authorizes him to correct and annul entries of land allowed by them, where the lands are not subject to entry, or the parties do not possess the qualifications required, or have previously entered all that tlie law permits. The exercise of this power is necessary to the due administration of the land department. If an investigation of the validity of such entries were required in the courts of law before they could be canceled, the necessary delays attending the examination would greatly impair, if not destroy, the efficiency of the department. But the power of supervision and correction is not an unlimited or an arbitrary xiower. It can be exerted only when the entry was made upon false testimony or without authority of .law. It cannot be exercised so as to deprive any person of land lawfully entered and r>aid for. By such entry and payment the purchaser secures a vested interest in the property, and a right to a patent therefor, and can no more be deprived of it by order of the commissioner than ho can be deprived by such order of any other lawfully acquired property. Any attempted deprivation, in that way. of such interest, will be corrected whenever the matter is presented so that the' judiciary can act upon it.””

   1 later decision quote this exact passage · from the majority
   e.g. American Mortg. Co. of Scotland v. Hopper