A Span Classsearchtermspan Classsearchtermcollectionspanspan of
A Span Classsearchtermspan Classsearchtermcollectionspanspan of
J Vance Lewis
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The question is, have the courts of justice power to examine a contested claim to a right of entry under the pre-emption laws. And to overrule the decision of the register and receiver, confirmed by the commissioner, in a case where they have been imposed upon by ex parte affidavits, and the patent has been obtained by one having no interest secured to him in virtue of the pre- emption laws, to the destruction of another's right, who had a preference of entry, which he preferred and exerted in ...due form. But which fright was defeated by false swearing and fraudulent contrivance brought about by him to whom the patent was awarded? The general rule is. That where several parties set up conflicting claims to property, with which a special tribunal may deal, as between one party and the government, regardless of the rights of others, the latter may come in into the ordinary courts of jus- tice, and litigate the conflicting claims. Such was the case of Comegys v. Vassey, (1 Peters. 212). And the case before us belongs to the same class of ex parte proceedings ; nor do the regulations of the Commissioner of the General Land Office, whereby a party may be heard to prove his better claim to enter, oust the jurisdic- tion of the courts of justice.
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