Simmons v. Wagner - 101 U.S. 260 (1879)
U.S. Supreme Court
Simmons v. Wagner, 101 U.S. 260 (1879)
Simmons v. Wagner
101 U.S. 260
1. A tract of public land which has been sold by the proper officer of the United States, and the purchase money therefor paid, is not subject to entry while the sale continues in force.
2. A party in possession of lands, holding an uncancelled certificate of the register of the land office within whose district they are situate, showing that full payment has been made for them, was sued in ejectment by the party who subsequently entered them, and obtained a patent therefor. Held that the plaintiff is not entitled to recover.
The facts are stated in the opinion of the Court.