Whitney v. Morrow - 112 U.S. 693 (1885)
U.S. Supreme Court
Whitney v. Morrow, 112 U.S. 693 (1885)
Whitney v. Morrow
Argued December 2, 1884
Decided January 5, 1885
112 U.S. 693
When an act of Congress confirming a claim to land contains a proviso that the confirmation shall not include lands occupied by the United States for military purposes, it is incumbent upon one claiming the land by patent from the United States later than the act to show that the land claimed was occupied for military purposes.
A direct legislative grant of public lands is the highest muniment of title, and is not strengthened by a subsequent patent of the same land.
The facts which make the case are stated in the opinion of the Court.