by John Marshall Harlan

Name: De Guyer v. Banning — Opinion of the Court
Author: by John Marshall Harlan

De Guyer v. Banning — Opinion of the Court

Summary

“De Guyer v. Banning — Opinion of the Court”, is a work by by John Marshall Harlan. It explores elements such as the United States, patent and San Pedro.

Quotes from De Guyer v. Banning — Opinion of the Court (by John Marshall Harlan)

by John Marshall Harlan, De Guyer v. Banning — Opinion of the Court

“ It is in this effect of the patent as a record of the government that its security and protection chiefly lie. If parties asserting interests in lands acquired since the acquisition of the country could deny and controvert this record, and compel the patentee, in every suit for his land, to extablish the validity of his claim, his right to its confirmation, and the correctness of the action of the tribunals and officers of the United States in the location of the same, the patent would fail to be, as it was intended it should be, an instrument of quiet and security to its possessor. ”

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Source: Wikisource

by John Marshall Harlan, De Guyer v. Banning — Opinion of the Court

“ We are of opinion that while it may be true, in some cases, that an action to recover possession of lands confirmed to a claimant under the act of 1851 can be maintained before a patent is issued, yet a patent issued avowedly in execution of such decree was conclusive between the United States and the claimants, and, until canceled, it alone determines, in an action to recover possession, the location of the lands that passed under the decree. ”

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Source: Wikisource

by John Marshall Harlan, De Guyer v. Banning — Opinion of the Court

“ If the secretary of the interior, upon inspecting the survey and the decree of confirmation, had authority to order a new survey, or to disregard the part of it excluding lands within the exterior lines of the inner bay, the record does not show that any effort was made in the land office to bring about such a result. On the other hand, if the land office had only a ministerial duty to issue a patent in exact accordance with the decree of confirmation, no steps were taken to compel the performance of that duty. ”

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Source: Wikisource

by John Marshall Harlan, De Guyer v. Banning — Opinion of the Court

“ The patentee would find his title recognized in one suit and rejected in another, and, if his title were maintained, he would find his land located in as many different places as the varying prejudices, interests, or notions of justice of witnesses and jurymen might suggest. ”

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Source: Wikisource

by John Marshall Harlan, De Guyer v. Banning — Opinion of the Court

“ By it the government declares that the claim asserted was valid under the laws of Mexico; that it was entitled to recognition and protection by the stipulations of the treaty, and might have been located under the former government, and is correctly located now, so as to embrace the premises as they are surveyed and described. As against the government, this record, so long as it remains unvacated, is conclusive. And it is equally conclusive against parties claiming under the government by title subsequent. ”

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Source: Wikisource

by John Marshall Harlan, De Guyer v. Banning — Opinion of the Court

“ I have caused the said tract to be surveyed in conformity to the boundaries specified in the said confirmatory decree, and do hereby certify the annexed map to be a true and accurate plat of the said tract of land as appears by the field notes of the survey thereof made by Henry Hancock, deputy surveyor, in the month of December, 1857, under the directions of this office, which, having been examined and approved, are now on file therein. ”

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Source: Wikisource

by John Marshall Harlan, De Guyer v. Banning — Opinion of the Court

“ No construction which will lead to such results can be given to the fifteenth section. The term 'third persons,' as there used, does not embrace all persons other than the United States and the claimants, but only those who hold superior titles, such as will enable them to resist successfully any action of the government in disposing of the property.'
These principles were recognized in More v. ”

by John Marshall Harlan

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