UNITED STATES
v.
MORANT
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The Supreme Court affirmed a lower court's decision confirming land claims but amended the decree to require that the lands be properly surveyed and described according to United States standards, and to provide the claimants with scrip certificates or substitute public lands to compensate for any portions that had already been sold or granted by the United States.
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Mr. Justice Bradley delivered the opinion of the court.
It is ordered that the judgment in this case be amended by adding thereto instructions to. the District Court from whose decree the ..appeal was taken to amend its decree by describing, according to United States surveys, the lands applied for. by the appellees and confirmed to them by the decree, and by declaring that if any parts of said lands have been sold or granted by the United States, the appellees shall have the right to enter upon any of the public lands of the United States, a quantity of land equal in extent to that so sold or granted; and by directing a reference to be made to a master to ascertain whether any such sales, and if so what, and to what-extent, have been made; and by declaring the appellees entitled to scrip certificates to the extent and amount of such saJ.es and grants.
And the said District Court is further instructed to take such further proceedings as may be necessary to carry out the instructions of this decree.
So ordered.
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First Sav. Bank & Tr. Co. of Albuquerque v. Stuppi. In re Garcia, 2 F.2d 822 (8th Cir. 1924)…were or should be acquired under equitable levies of judgment creditors or pledges made by the debtor company. Hitz v. Jenks, 123 U. S. 297, 306, 8 S. Ct. 143, 31 L. Ed. 156; Dow v. Memphis & Little Bock R. R. Co., 124 U. S. 652, 655, 8 S. Ct. 673, 31 L. Ed. 565; Union Bank of Chicago v. Kansas City Bank, 136 U. S. 223, 236, 10 S. Ct. 1013, 34 L. Ed. 341; Porter v. Sabin, 149 U. S. 473, 479, 13 S. Ct. 1008, 37 L. Ed. 815; Ames v. U. P. Ry. Co. (C. C.) 60 F. 966, 969. A pledge of income does not become effe…
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Tower Grove Bank & Tr. Co. v. Weinstein, 119 F.2d 120 (8th Cir. 1941)…S. 242, 4 S.Ct. 420 [28 L.Ed. 415] ; Grant v. [Phoenix Life] Ins. Co., 121 U.S. [105] 117, 7 S.Ct. 841 [30 L.Ed. 905]); or until, in proper form, he demands, and is refused, possession (Dow v. [Memphis] Railroad Co., 124 U.S. 652, 654 [8 S.Ct.] 673 [31 L.Ed. 565]).” The rule thus established in Missouri was followed by this court in the case of First Savings Bank & Trust Co. v. Stuppi, supra, in a proceeding in bankruptcy. In that case the mortgage pledged the rents, and the mortgagee contended that the pr…
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Wolf v. De Wolf & Co., Inc., 53 F.2d 999 (7th Cir. 1931)…ns that they not only do not support his contention, but in each ease where the same question was presented as is presented herein it was decided in consonance with the rule above set forth. Dow v. Memphis, etc., E. Co., 124 U. S. 652, 8 S. Ct. 673, 31 L. Ed. 565, relates to a bill filed by trustees under a mortgage against a mortgagor in possession, not for foreclosure, but to enforce a surrender of possession in accordance with the terms of the mortgage. The question of a third party’s possession was not p…
Authorities Cited
- United States v. Morant, 123 U.S. 335 (U.S. 1887)